Noise from a neighbour's All Terrain Vehicle
Submitted by Neil Ridgeway on Thu, 24/09/2009 - 13:59
A neighbour's son has a noisy ATV (sounds like a very loud petrol chain saw) which he uses like a track bike to race up and down a field on a hill for many hours at a time. This is recreational use only. We have asked the neighbour to moderate the ATV's use or fit a silencer but have been met with abuse. Our other neighbours are frightened of him so won't complain. Do we have any rights or are there any regulations regarding the control of this nuisance?
You should first of all
You should first of all contact the Environmental Health Department at your local council. They have a duty to investigate and could issue a Noise Abatement Notice if they agree that the noise is a nuisance. If your neighbour fails to comply with that, the Council can take the neighbour to the Magistrates Court or seek an injunction in the High Court.
Under Section 82 of the Environmental Protection Act 1990 you could go to the Magistrates Court yourself if you do not wish to involve the Council or you are not satisfied with their actions.
Finally you may have a civil action for damages in nuisance. This however is likely to be a very expensive claim and will need detailed analysis of the facts.