| Topic: | Re:Re:Re:Restaurant noise - advice please | |
| Posted by: | Dritan Nikolla | |
| Date/Time: | 23/01/20 16:22:00 |
| Hi Antony, I will certainly contact you when I get there and rest assured, I will add my efforts to your to solve this issue regardless whether it affects me or not. I read through the Environmental Protection Act, Section 79 defines what a Statutory Nuisance is, and it includes “noise emitted from premises so as to be prejudicial to health or a nuisance”, and goes on to say “and it shall be the duty of every local authority [...] where a complaint of a statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint.” Section 80 says: “where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the area of the authority, the local authority shall serve a notice [...] requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence”. So, council must investigate the complaint to determine whether or not a Statutory Nuisance exists, and if one does, they must issue an abatement notice to stop it. I would be asking the council if they have assessed whether this noise is or is not a Statutory Nuisance as defined in section 79 of the Environmental Protection Act (as they’re legally required to do). If it is a statutory nuisance then I’d be asking about whether they’ve issued abatement notices (again as they’re legally required to do). If they don’t think it is a nuisance then I’d probably do something like approach a doctor about whether not being able to sleep is “prejudicial to health” or not - I’m fairly sure they’ll agree that it is! |