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FOI request (FOIR-104083861)
Statutory noise notices
Requested Wed 30 January 2019
Responded Mon 11 February 20191. How many statutory noise notices has your local authority served under the Environmental Protection Act 1990 in the last 5 years?
2. Of those mentioned in 1. above, how many have been withdrawn and what were the reasons for the withdrawal for each notice?
3. What is the average time period between the local authority being satisfied that a statutory noise nuisance existed and the notice being served?
4. Does the local authority have a policy and/or procedural document setting out the procedure for investigating a statutory noise nuisance? Please provide copies
5. Does the local authority have a policy and/or procedural document setting out the criteria for withdrawing a statutory noise nuisance? Please provide copies
6. If the notice was withdrawn, would the complainant be consulted and be told why the notice was being withdrawn or explained to them?
Response
Q1 - 107
Q2 - 5 Noise abatement notices were withdrawn. 3 notices withdrawn as a change in the Designated Premises License holder had occurred meaning the notices were no longer valid. 1 notice was withdrawn due to a typing error in relation to the spelling of the recipient's surname. 1 notice was withdrawn following an appeal being received.
Q3 - Hastings Borough Council (HBC) holds no information in relation to this request. However notices can be served immediately such as in relation to audible intruder or car alarms. Notices for domestic noise cases will be served as soon as possible and when owner/occupancy details have been established.
Q4 - HBC have published information setting out how we investigate statutory noise nuisances on our website:
https://www.hastings.gov.uk/environmentalhealth/pollution/noise_concern/
HBC have an enforcement policy which is published on our website and available at: https://www.hastings.gov.uk/.../strategies_policies/ehs_enforce_policy
Q5 - HBC have no policy or procedural document setting out the criteria for withdrawing a noise abatement notice.
Q6 - If a noise abatement notice was withdrawn the recipient of the notice and complainant would be informed of this decision as well as the reason for this decision being reached.
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