Interpreting Noise Nuisance Law: Challenges, Emerging Issues, and the Need for Expanded Standards

Williams, Duncan

Abstract

The enforcement of noise pollution laws is impeded by subjective interpretations within legislation, fragmented statutes, and inconsistent enforcement mechanisms.
Noise pollution has significant impacts on public health, ranging from sleep disruption to cardiovascular effects. This paper examines the core issues in interpreting noise nuisance law, particularly in the UK, discussing the role of metrics like dBA and BS4142, the limited case law that shapes noise regulation, and the complexities of emerging noise sources such as drones, electric vehicles, and electric scooters. It highlights the need for more comprehensive and adaptable legal standards to address these evolving challenges. Although environmental law around noise and health effects of exposure to noise is a growing area, with recent surveys commissioned by the World Health Organisation , and DEFRA, the Department of the Environment, Food and Rural Affairs (“DEFRA”) in the UK, there is no consolidated body of legislation on noise; publicly funded representation is generally not an option for an individual facing a nuisance noise problem. This essay outlines these challenges and the different areas of policy that apply to noise, with three illustrative case studies from higher courts that highlight the difficulty in objectively evaluating noise as a legal nuisance.

• Journal Article Type: Article
• Acceptance Date: Nov 22, 2024
• Deposit Date: Nov 29, 2024
• Journal: Journal of Planning and Environment Law
• Print ISSN: 1548-0755
• Electronic ISSN: 1556-8601
• Publisher: American Planning Association
• Peer Reviewed: Peer Reviewed
• Publisher URL: https://www.sweetandmaxwell.co.uk/Product/Planning-Law/Journal-of-Planning-and-Environment-Law/Journal/30791377