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ANTISOCIAL NOISE NUISANCE UPDATE

ANTISOCIAL NOISE NUISANCE UPDATE. REHIS ANNUAL CONFERENCE 17 November 2005. AIMS. Provide background to why ASBA Noise provisions introduced Provide feedback of implementation and operation of ASBA noise procedures in Scotland and Belfast

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ANTISOCIAL NOISE NUISANCE UPDATE

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  1. ANTISOCIAL NOISE NUISANCE UPDATE REHIS ANNUAL CONFERENCE 17 November 2005

  2. AIMS • Provide background to why ASBA Noise provisions introduced • Provide feedback of implementation and operation of ASBA noise procedures in Scotland and Belfast • Discuss way forward- evaluation, sharing good practice, training and funding

  3. Neighbour Noise • “ A bad neighbour is as great a misfortune as a good one is a great blessing” • (Source -Hessiod (8th c. BC), Greek poet) • “Reasonableness –balance between orderliness and tolerance as sound annoyance is subjective” (source- GLA)

  4. Introduction • Why new legislation? • The Scottish Executive’s Coalition’s Partnership Agreement in 2003 • Give local authorities additional powers to deal with noise nuisance, to complement EPA and CGA • Tackle the problems of antisocial noise in domestic dwellings up to 24 hours per day • Power – complementary, enabling and flexible not compulsory, based on objective measurement

  5. Noise Provisions(1) • Enabling and flexible discretion for local authorities to adopt ASB Noise service for what periods of day and week they wish, depending on resource and needs assessment • Complement existing noise nuisance enforcement legislation • Alternative quick resolution –institute Fixed Penalty Notice system for breach of permitted noise levels within domestic dwellings, if Warning Notice deterrent ignored. • Powers to Local Authority “authorised” officers and police officers

  6. Noise Provisions(2)-Funding • Scottish Executive to fund Local Authority ASB Noise Service teams-staffing, equipment and training needs-by annual grant payment scheme. • Funding of £2.88m secured for 2005, £2.3m for 2006 and £3.3m for 2007 • Bids from 22 LAs received by deadline of 22.10.04, totalling £4m for 2005. To date only £1m paid out, reflecting delays in implementation

  7. Noise Provisions(3)-Levels • ASB Noise offence based on exceeding an objective measured sound level, • determined by order from SE Ministers, who wished 24 hour coverage • Based on research conducted by Dr. Bernadette McKell, Hamilton & McGregor

  8. Noise Levels and Periods • The time periods and corresponding permitted noise levels are defined as : • Daytime- 07.00-19.00 LAeq 41dB • Evening- 19.00-23.00 LAeq 37dB • Night-time 23.00-07.00 LAeq 31dB • Noise levels to be measured by LA “authorised” officers on approved equipment, as defined in Regulations, to implement the ASBA noise provisions.

  9. ASBA Noise References • ASBA Noise Guidance : • http://www.antisocialbehaviour.com/asb/files/Guidance%20on%20Noise%20Nuisance.pdf • ASBA Noise Regulations : • http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050043.htm • Noise Level Feasibility Research Report : http://www.scotland.gov.uk/about/ERADEN/EcolAU/00017824/nir_rpt.pdf

  10. Training Needs • The Institute of Acoustics (IOA) and REHIS accredited new internal noise measurement training courses ready for February 2005 implementation • Focussed (update) 1 day short course for those with IOA’s Certificate of Competence in Environmental Noise Measurement • More complete 4 day course utilising existing IOA’s syllabi, for those requiring more training • To date some 130 candidates have received training at either Strathclyde University or Bell College and 95% passed the required exams. • IOA are monitoring results and will modify the training accordingly • There will be a further T/C in February 2006, and then as required/six monthly

  11. Noise and Health “Uninterrupted sleep is known to be a prerequisite for good physiological and mental functioning of healthy persons” “Sleep disturbance is considered to be a major environmental noise effect. It is estimated that 80-90% of reported cases of sleep disturbances in noisy environments are for reasons other than noise originating outdoors” Source : WHO- Berglund, Lindvall & Schwela 1999

  12. LAs who have implemented

  13. LAs action 1/4/05-30/09/05

  14. Belfast City Council Statistics • 2000 – 2001 01 – 02 02 – 03 03 – 04 04 – 05 • Complaints • Daytime 1121 1161 992 1265 1445 • Night-Time 1344 2500 2298 3043 3520 • Total 2465 3661 3290 4308 4965 • Noise Act 1996 • Verbal Warning 103 267 374 512 574 • Warning Notice 165 340 160 193 247 • Fixed Penalty 7 13 12 10 16 • PC&LG(NI) Order 1978 • Article 38 (general) 24 39 7 19 28 • Article 38 • (alarm) - - - 24 23 • Article 40 8 7 6 8 3 • Overall • Prosecution 3 8 5 4 8

  15. REVIEW OF PERFORMANCE • Although 18 LAs from the 22 who submitted resolutions have implemented their service, only 7 have investigated a substantial volume of complaints to date • Edinburgh have investigated over 5000 complaints in first 6 months, reflecting benefit of awareness campaign and fully resourced team. • Independent research showed only 18% of public knew to phone LAs with noise complaint • 90% of complaints nationally resolved by verbal warning, 9% by Warning Notice, with only 0.2% requiring a FPN, confirming the deterrent works.

  16. Issues • Recruitment – lack of EHOs and technical officers; therefore no prerequisite required other than completed set training and exams • Funding – lack of guarantee; therefore SE set 2 year bid process. Limited budget; therefore may be rationalisation. Existing funding not being utilised fully, or being used for strictly ASBA Noise work, preventing optimum budgeting. • Levels – require more measurements to evaluate if correct • Training –IOA and REHIS monitoring efficiency

  17. Evaluation • Executive have reimplemented the ASBA Noise Implementation Advisory Group to review progress • Executive to commission consultant to undertake formal review of 1st year and Guidance in January 2006 • Executive to publish Scottish Noise Management Guide, including revised ASBA Noise Guidance in April • Executive have promoted new Noise PI, dividing domestic and non-domestic noise, to include ASBA Noise to commence from April 2006.

  18. Sharing Good Practice • The Executive implemented an ASB Practitioners’ Adviceline for all aspects of ASBA including noise- 0800 850 500 • Also website –www.antisocialbehaviourscotland.com • Circulated LA contact list to allow all to discuss issues and share good practice • Reimplemented NIAG to discuss ongoing issues

  19. CONCLUSIONS • A positive start especially from the larger LAs • FPN deterrent works • Teething problems with training and objective measurements being reviewed • Legal precedents from Edinburgh’s FPNs and seizure will aid guidance and procedures • Guarantee of secured funding a perennial issue, requiring co-operation from all LAs to enable Executive to maximise grant payments

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