You must have enough evidence to support your complaint. Section 82 cases are dealt with under criminal court rules, so the court must be sure beyond reasonable doubt that there is a statutory nuisance. This means the evidence must be strong enough for the court to be sure the noise is a statutory nuisance.
Before you apply to the court, you must give the person responsible at least three days’ written notice. Written notice means a dated letter or written message explaining that you plan to take court action if the problem is not resolved. Date the notice and keep a copy. If you post it, consider using recorded delivery.
If the noise continues after you send the notice, contact the court. Tell them you want to make a complaint under section 82 of the Environmental Protection Act 1990.
The court may arrange for you to speak to a court officer. They will explain the process and take details of your complaint.
The court will decide whether to issue a summons. A summons is an official court notice telling the person responsible that they must attend court. There is usually no fee for making this complaint.
Tell the court what action you think is needed to stop or reduce the nuisance. For example, you may ask for loud music to stop at night. In more complex cases, you may need specialist advice or evidence.
At the hearing
The summons will give the date, time and place of the hearing. A hearing is the court meeting where the case is considered. Keep updating your noise diary until the hearing. At court, the person responsible will be asked to plead guilty or not guilty.
If they plead guilty, the court may deal with the case at that hearing. You will need to explain your case and provide your evidence, such as your noise diary and letters. The magistrates, who are the people in court who decide the case, may make an order requiring the person to stop, reduce or prevent the nuisance, or take other reasonable action.
If they plead not guilty, there will usually be a trial on another date. You will need to prepare your evidence. This may include your statement, witness statements, your noise diary, letters, medical evidence or expert reports. Witness statements are written accounts from people who saw or heard the noise. Send copies of anything you plan to use to the other person, or their solicitor, as soon as possible.
If the magistrates decide there is a statutory nuisance, they can make an abatement order. An abatement order is a court order that tells the person responsible what they must do to stop, reduce or prevent the nuisance. The court may also issue a fine and order costs.
Costs
If your case is successful, the court may order the other person to pay some or all of your costs. Keep records of any costs, such as travel costs or unpaid time off work.
The magistrates will decide what costs, if any, should be paid. Either side may be ordered to pay all or part of the costs.