Noise nuisance in the first instance should always be discussed with the Local Authority.
The Local Authority has a duty to investigate and where necessary take action under Sections 79 and 80 of the Environmental Protection Act 1990 (EPA 1990). However, it is not always possible for the Local Authority to witness the alleged nuisance first hand.
Where it has been difficult for the Local Authority to witness an alleged nuisance, an individual can take a private action under Section 82 of the EPA 1990, through the Magistrates court.
To be successful in taking a matter before a Magistrate it is vital that the correct process is followed.