Noise pollution control
What's new for January 2012
Trio of successful Court Cases
The first case involved a Miss Rebecca Thomas of 34 Hewley Avenue, York who pleaded guilty for breaching a noise abatement notice on 7 October 2011 by playing music at such a level as to cause a statutory noise nuisance to neighbours. The noise abatement notice was previously served on Miss Thomas on 11 November 2010 under Section 80 of the Environmental Protection Act 1990. A warrant was executed on 14 October 2011 to seize noise making equipment from Miss Thomas' property where a television, DVD player, digibox and approximately 30 CDs were taken. Miss Thomas received a 12 month conditional discharge and all equipment seized on 14 October 2011 was permanently forfeited to the City of York Council for disposal. The Council was also awarded £200.00 costs.
The second case involved Miss Brooke Vardy of 4 Burneston House, Pilgrim Street, York who was found guilty in her absence of breaching a noise abatement notice on 9 October 2011 by playing loud music at such a level as to cause a statutory noise nuisance. The noise abatement notice was previously served on Miss Vardy on 2 June 2011. A warrant was executed on 13 October 2011 to seize noise making equipment with a television, DVD player, HiFi system and approximately 50 CDs being taken. Miss Vardy received a £350.00 fine, £794.96 costs, £15.00 victim surcharge and all equipment seized on 13 October 2011 was permanently forfeited to the City of York Council for disposal.
The final case involved Miss Tammy Craig of 2 Arran Place, York who pleaded guilty to breaching a noise abatement notice on two occasions, 14 and 25 November 2011, by shouting and playing loud music at such a level as to cause a statutory noise nuisance to neighbours. Following each breach a warrant was executed on 14 and 25 November 2011 to seize noise making equipment with two televisions, a DVD player, speakers, subwoofer and CDs being taken. Miss Craig received a 12 month conditional discharge and all equipment seized on 14 and 15 November 2011 was permanently forfeited to the City of York Council for disposal. The Council was also awarded £100.00 costs.
Guidance for Managing Building Sites
The Environmental Protection Team has issued a guidance document for people responsible for construction sites. The purpose of this guide is to ensure that disturbances due to noise, dust, smoke and vibration arising from building, construction or demolition works are kept to an acceptable level.
Download this guidance document to find out more.
What's new for December 2011
On 17 November 2011 both Mrs Patricia Atkinson and Mr Lee Atkinson were found guilty at York Magistrates' Court, in their absence, of breaching a noise abatement notice on the 23 August 2011 by playing loud music at an unreasonable level so as to constitute a statutory noise nuisance. The noise abatement notice was previously served on Mrs Atkinson and her son by the Environmental Protection Unit (EPU) on 10 June 2011 under Section 80 of the Environmental Protection Act 1990. After the service of this notice regular complaints were received by EPU about continuing noise nuisance from the Atkinsons' property.
Both Mrs Atkinson and Mr Atkinson received a £250 fine each, and the council was also awarded a total of £1,290 costs. A forfeiture order was also given to the council for the disposal of noise equipment which had been seized on 25 August 2011.
Also at York Magistrates' Court on 17 November 2011 Mr John Doherty pleaded guilty to breaching a noise abatement notice on 27 July 2011 by playing loud amplified music. On 27 July 2011 officers from EPU had visited the complainant's property and heard a number of songs being played which were sufficiently loud for the officer to be able to identify the songs being played, with one song being repeated four times in a row. Mr Doherty was fined £50 for the offence with costs of £85 also being awarded to the City Of York Council. In addition a forfeiture order was also given for a stereo player and CD.
Members of the council's Environmental Protection Unit are set to become reality TV stars when a new BBC programme is aired this autumn
'Noise Squad' follows noise nuisance control officers in three authorities in Westminster, Belfast and York as they deal with the many varied complaints they receive in our increasingly noisy, modern lives.
Episodes set in York include tense confrontations with people partying a little too hard and persistent noise offenders as well as some lighter moments with unwelcome early morning calls from cockerels, and a man whose cat scarer is annoying more than the local cats.
The programme is scheduled every week day, for three weeks, from Monday 28 November on BBC1 at 11am.
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