Council success in noise pollution case
Shropshire Council’s neighbourhood pollution team has won a court case which ensures that a dog owner must deal with the issues causing their pet to bark repeatedly at a level which causes distress to others.
The team is asking dog owners to be mindful of the disruption that their pet’s barking can cause, after the noise nuisance case was recently heard at Shrewsbury Magistrates Court.
Magistrates heard an appeal against a noise abatement notice, served by the team, on Eliza Biggs, of Dutton Green, Shrewsbury, on 4 May 2011, following a series of complaints.
The notice, served under Section 80 of the Environmental Protection Act 1990, stated that the noise from the repeated and regular barking of her dog was causing a statutory nuisance to nearby residents. It required the nuisance to be stopped within 21 days.
After hearing all the evidence on 21 and 22 September, magistrates delivered their verdict that the dog did bark to an unreasonable level, so as to constitute unlawful interference with people’s use and enjoyment of their properties, causing them considerable distress as a result.
The magistrates therefore accepted the council’s opinion that the dog’s barking was a statutory nuisance and they upheld the notice in its entirety. Costs of £1,500 were also awarded to the council.
Councillor Steve Charmley, Cabinet member with responsibility for environmental health, said:
“Excessive noise can cause disruption and distress, having a significant impact on people’s lives.
“Our neighbourhood pollution team investigates a range of noise complaints, and while we will work to resolve issues before they reach the point that a notice needs to be served, this case highlights that we will take action when necessary.
“People are no longer prepared to suffer noise nuisance and the number of complaints we handle is increasing generally. Last year (the financial year 2010/2011) we received 1,116 complaints about noise of which 286 – almost exactly a quarter – related to dog barking. Furthermore, since 1 January 2011 we have received 265 complaints about noise from barking dogs.
“Often people do not realise that their dogs may be causing a noise nuisance as the dogs can bark when the owners are out at work, but simple measures can be taken to prevent the problems this causes.
“This case provides the opportunity to raise awareness of the impact this can have, and let people know that the team is available to provide further information and advice.”
Simple measures to prevent problems that noise from barking dogs can cause include ensuring dogs have plenty of exercise before being left alone, leaving them with their favourite toys, and leaving a radio on at a low volume to help settle the dog.
For further details of how the council can help deal with noise nuisance and pollution go to http://shropshire.gov.uk/environmentalhealth.nsf or call 0345 678 9000.
