Valuable survey findings
For the purpose of proceedings in public as well as in private nuisance, the legal test for an unacceptable noise level is easy to state. Taking into account the nature of the area, you ask yourself whether the amplified music, or whatever, constituted an unreasonable interference with the use and enjoyment of the complainant’s land?
The difficulties – which can call for skills in a number of disciplines – invariably arise in the collection and assessment of the evidence.
Given the importance of regional variations in noise tolerance, there could be a lot to learn from the recently published results of a national noise survey carried out by the National Society for Clean Air and Environmental Protection. Based upon questionnaires sent to all UK chief environmental health officers, the results are carefully reviewed by Katherine Wallace, of Tarlo Lyons, in
Valuable survey findings
For the purpose of proceedings in public as well as in private nuisance, the legal test for an unacceptable noise level is easy to state. Taking into account the nature of the area, you ask yourself whether the amplified music, or whatever, constituted an unreasonable interference with the use and enjoyment of the complainant’s land?
The difficulties – which can call for skills in a number of disciplines – invariably arise in the collection and assessment of the evidence.
Given the importance of regional variations in noise tolerance, there could be a lot to learn from the recently published results of a national noise survey carried out by the National Society for Clean Air and Environmental Protection. Based upon questionnaires sent to all UK chief environmental health officers, the results are carefully reviewed by Katherine Wallace, of Tarlo Lyons, in Irascible by decibels Estates Gazette 6 July 2002, at p134.
