Noise

Types of noise nuisance

There are several types of noise nuisance we can deal with.

Noise from commercial or industrial premises

This includes noise from businesses such as shops, pubs, night clubs, wind turbines or factories. If an investigation reveals that a noise nuisance exists we can deal with the noise under the Environmental Protection Act 1990.

Entertainment noise

Public areas used for entertainment need to apply to us for a licence. This licence will include conditions restricting the noise to limit its impact on local residents.

If a noise nuisance is found to exist at a licensed premises Environmental Health Officers may contact the management informally to advise them of the problem and encourage them to take voluntary action to remedy the issue. If this does not work, and the noise persists, then action will be taken in terms of the Environmental Protection Act 1990 and the matter may be brought to the attention of the licensing board.

Construction site noise

Under the Control of Pollution Act 1974 councils can impose conditions on how work is carried out on construction sites to limit the noise impact on surrounding dwellings.

We have adopted a less formal approach and will seek to agree with the site operator a standard set of voluntary restrictions on the time during which a construction site is allowed to operate noisy equipment that could give rise to nuisance. These times are usually:

Mondays to Fridays - 8am to 7pm
Saturdays - 8am to 1pm
Sundays - no works that make a noise should take place
Bank Holidays - no working on Christmas Day, Boxing Day, New Year's Day, 2nd January, Good Friday, Easter Monday (note that when these holidays fall on a weekend the Public Holiday will be the next working day(s).

If operators fail to follow the agreed times then Environmental Health Officers may use powers in the legislation to enforce the necessary restrictions.

Site operators must contact our Pollution Control section at KildonanPS@northlan.gov.uk to obtain consent to operate such equipment outwith the agreed times. We will not usually give consent without good reason and it is the responsibility of contractors to organise their work accordingly.

Barking dogs

This type of noise is dealt with under the Civic Government Act 1982. This legislation allows the complainant (person aggrieved by the dog barking) to apply to the district court for an order to be made requiring the owner of the dog to take action to prevent the annoyance from continuing.

The clerk to the Justice of the Peace Court will supply you with the relevant application details. Details of your local justice of the peace court can be found on the Scottish Courts website.

We have developed an information pack that can help you deal with dog barking, whether you are an owner whose dog is barking, or whether someone else's dog's barking is causing you annoyance. Download a copy of our dog barking pack below.

House alarms

When house alarms (audible intruder alarms) sound for long periods, an Environmental Health Officer can investigate the noise. The officer will visit and attempt to resolve the issue by talking to the owner/occupier of the premises. If the occupier fails to remedy the situation and the alarm still activates unnecessarily further action can be taken by serving an Abatement Notice under the Environmental Protection Act.

Noise from vehicles, machinery or equipment in a road

Noise nuisance caused by vehicles, including car alarms, noisy car repairs, parked refrigerator vehicles, can be dealt with under the Environmental Protection Act. In such cases, our Environmental Health Officers would need to witness the issue and be of the opinion that the noise could be regarded as a nuisance.

If a nuisance exists the Environmental Health Officer would serve an abatement notice on the person responsible for causing the noise. If the vehicle, machinery or equipment was unattended the officer may affix the notice directly onto the vehicle, machinery or equipment.

Then the officer must spend one hour trying to trace the person responsible to serve a copy of the notice on them. If they cannot be traced then the officer may take action to abate the nuisance including gaining entry to a vehicle if necessary.

Complaints regarding noise from road traffic are not dealt with by us and should be directed to the appropriate road authority:

Contact us for local single or dual carriageway roads complaints
Contact Transport Scotland for motorways complaints

Aircraft noise

New airport developments and permanent helicopter landing sites require planning permission and conditions attached to planning consent may be used to control noise.

There are no regulatory controls available to councils about existing airports or temporary landing sites for helicopters. A landing site would be considered temporary if it is used for 28 days per year or less. There is no restriction on the number of take-offs and landings in one day. The Civil Aviation Authority can be contacted to deal with any complaints relating to this.