Complaining About Noise, and the Power to Stop It

In one line

Rule 7 says who may complain and when, and rule 8 gives the authority a written power to stop the noise, alter its own order and hear the parties.

In exam wording: rule 7(1) of the Noise Pollution (Regulation and Control) Rules 2000 permits a person to complain to the authority if the noise level exceeds the ambient noise standards by 10 dB(A) or more, or if there is a violation of any provision of the Rules regarding restrictions imposed during night time; rule 7(2) requires the authority to act on the complaint and take action against the violator; rule 8(1) empowers the authority, if satisfied from a police report or other information including from the complainant that it is necessary to prevent annoyance, disturbance, discomfort, injury or risk to persons dwelling or occupying property in the vicinity, to issue written directions preventing, prohibiting, controlling or regulating specified sources of noise; and rule 8(2) permits it to rescind, modify or alter such an order after hearing the applicant and the original complainant.

Rule 7: the complaint

Sub-rule (1), the two grounds. A person may make a complaint to the authority:

• if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area or zone, or
• if there is a violation of any provision of these rules regarding restrictions imposed during night time.

The second ground was inserted by the amendment of 11 January 2010, and it changed the rule substantially.

Why the second ground matters.The first ground requires a measurement, and a measurement in dB(A) Leq over a stated period, taken with a calibrated instrument by somebody competent to use it. A citizen telephoning at midnight has none of that. The second ground requires no measurement at all: it is enough that a night restriction has been broken, and the night restrictions in rules 5(2), 5A(1), (2) and (3) are all matters of observation rather than instrumentation. A loudspeaker after ten o'clock is a violation whether it is at 50 dB or 80.

Before 2010 a complainant had to prove an exceedance of 10 dB(A). Since 2010 he may simply say that a loudspeaker was playing at midnight.

And note the threshold in the first ground. It is not any exceedance but 10 dB(A) or more, which the chapter on measurement shows is roughly a doubling of perceived loudness. A marginal exceedance is not a ground of complaint under this rule, though it may still be a breach of rule 4(1).

Sub-rule (2). The authority shall act on the complaint and take action against the violator in accordance with the Rules and any other law in force.