Respondent local authority serving noise abatement notice upon appellant – Appellant appealing against notice – Noise level no greater than ambient noise of area – Whether noise amounting to statutory nuisance – Section 79(1)(g) of Environmental Protection Act 1990 – Appeal dismissed
The appellant converted an outbuilding at his property into a music studio. After receiving complaints about the noise emanating from the studio, the respondent local authority sent an environmental health officer to visit the premises. The decibel readings that she took were no greater than the background noise from agricultural machinery being used in the area, but she none the less concluded that there was a statutory nuisance sufficient for an abatement notice to be served. Accordingly, the respondents served a notice upon the appellant, pursuant to section 80 of the Environmental Protection Act 1990, requiring him to abate the noise immediately and prohibit its recurrence.
The appellant’s appeal against the notice was dismissed by the justices. The appellant’s appeal to the Crown Court was also dismissed. The Crown Court found that although the music did not make a significant addition to the background noise levels, it still amounted to a statutory nuisance. The appellant appealed by way of case stated.
The primary issue was whether the noise amounted to a statutory nuisance under section 79(1)(g) of the 1990 Act, which prohibits noise that is “prejudicial to health or a nuisance”. The appellant submitted, relying upon R v Bristol City Council, ex parte Everett [1998] 3 EGLR 25, that the section required an act that was injurious or potentially injurious to health, and that the level of disturbance had, therefore, to go beyond that which was simply annoying, obtrusive or out of character with the area. He contended that, in the instant case, the noise emanating from his premises was no louder than the ambient machinery noise and that there was no evidence to establish that the music was above a recognised decibel level.
Held: The appeal was dismissed.
It was wrong to contend either that a particular decibel level was necessary, or that a level of noise above the ambient level of noise had to be shown for a statutory noise nuisance to occur. The test was the common law test, as identified in Murdoch v Glacier Metal Co Ltd (1998) Env LR 732, namely: was the noise such that, judged by the standard of a reasonable man, and taking into account the nature of the area, it constituted an unreasonable interference with the use and enjoyment by the appellant’s neighbours of their land. The Crown Court had applied the correct test and was entitled to find that a statutory nuisance did occur.
Charles Hale (instructed by DP Hardy & Co, of Liverpool) appeared for the appellant; Andrew Thomas (instructed by the solicitor to Conwy County Borough Council) appeared for the respondents.
Sarah Addenbrooke, barrister
