FOI request (FOIR-473367899)

Procedure for Proving a Statutory Noise Nuisance

Requested Thu 22 December 2022
Responded  Mon 09 January 2023

I am requesting Hastings Council's procedure for investigating allegations of statutory noise nuisance as defined by the Environmental Protection Act 1990.

I am requesting Hastings Council's procedure for using a noise nuisance detector for investigating statutory noise nuisance (as defined by the Environmental Protection Act 1990), which is caused by a neighbour's antisocial behaviour. In particular, I am requesting information about the legality (GDPR) of using a noise nuisance recorder to record an alleged perpetrator of antisocial behaviour, without informing them that they are going to be audio recorded.

I am requesting case studies, which Hastings Council refers to, in which a perpetrator of antisocial behaviour was found guilty of causing a 'statutory noise nuisance' under Sections 80 or 82 of the Environmental Protection Act 1990.

Response

I am requesting Hastings Council's procedure for investigating allegations of statutory noise nuisance as defined by the Environmental Protection Act 1990.

Answer: Information attached.

I am requesting Hastings Council's procedure for using a noise nuisance detector for investigating statutory noise nuisance (as defined by the Environmental Protection Act 1990), which is caused by a neighbour's antisocial behaviour.

Answer: Information attached.

In particular, I am requesting information about the legality (GDPR) of using a noise nuisance recorder to record an alleged perpetrator of antisocial behaviour, without informing them that they are going to be audio recorded.

Answer: Information attached.

I am requesting case studies, which Hastings Council refers to, in which a perpetrator of antisocial behaviour was found guilty of causing a 'statutory noise nuisance' under Sections 80 or 82 of the Environmental Protection Act 1990.

Answer: No information held.

Attachments

• FOIR-473367899_FOIR-473367899_1-HBC_Environmental_Health_Statutory_Nuisance_Procedure_2019.pdf
• FOIR-473367899_FOIR-473367899_2-Noise_nuisance_recorder_deployment_procedure.pdf