AGENDA ITEM
4
BOROUGH OF POOLE
OVERVIEW AND SCRUTINY COMMITTEE
6 SEPTEMBER 2012
TO CONSIDER A PETITION IN RESPECT TO NOISE
FROM RELIANCE SCRAP YARD, NUFFIELD ROAD
1.0
PURPOSE OF REPORT
1.1
To review a petition signed by 30 residents from 25 properties
presented to Council on 26 June 2012 and referred to Environmental
Overview & Scrutiny Committee. The Petition calls for noise from the
Scrap Yard to be investigated and “such action as is necessary to
improve the current situation be instigated to bring about satisfactory
conclusion for all those concerned.”
2.0
BACKGROUND
2.1
Complaints have been received from three signatures to the Petition.
2.2
The Scrap Yard is long established without planning conditions
restricting usage. The boundary to the nearest properties in Bader
Road is 190 metres from the Scrap Yard. The management advise that
the business has increased volume of throughput in recent years, due
to the buoyancy of the market.
2.3
Noise results from loading metal by crane into metal containers for
onward transport. Officers have met with the management and agreed
best practice, to minimise the impact of the noise and agreed that there
will be no work, which produces noise noticeable to residents before
08:00 and after 18:00. This also applies to Saturdays, with a terminal
hour of 13:00. On very rare occasions the Yard have stated that there
may be a need to work slightly later on a Saturday; such instances are
however kept to a minimum. No noisy work is carried out on a Sunday.
2.4
Digital recording equipment has subsequently been installed on three
occasions in the homes of residents who have complained of noise.
Analysis of recordings made in June and September 2011 is that noise
is audible at nearby residents` property. However it is not at such a
level or frequency to constitute a statutory nuisance that would enable
the Council to impose further restrictions.
2.5
In June 2011 a detailed noise measurement assessment was made in
accordance with British Standard 4142; “Method for rating industrial
noise affecting mixed residential and industrial areas”. It is designed to
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determine if noise of an industrial nature is likely to give rise to
complaints from residents.
2.6
A difference of 10 decibels or more over a background level indicates
that complaints are likely. A difference of 5 decibels is marginal. The
difference in this case was 6 decibels.
2.7
Officers have visited soon after residents reporting that the noise was
occurring. Noise witnessed was as examples recorded by
complainants. The noise was not such as to constitute a nuisance
giving the option of legal action. Complainants were updated as to the
progress of the investigation and outcome.
3.0
ISSUES
3.1
The letter accompanying the Petition states that as a user of the Scrap
Yard “from time to time” the Council has a vested interest. This is not
the case. A contract has been let to a commercial company for removal
of all metal.
3.2
One resident has approached his MP who has written twice to
Environmental & Consumer Protection on his behalf. The MP has been
advised of the investigation and outcome.
3.3
The Petition refers to works commencing at 6.30am. Noise recordings
have not provided evidence of this.
4.0
FINANCIAL IMPLICATIONS
4.1
None identified.
5.0
LEGAL & EQUALITY IMPLICATIONS
5.1
None identified.
6.0
CONCLUSIONS
6.1
Investigations have confirmed residents are likely to hear noise from
operation of the Scrap Yard. The Business is operating in an Industrial
Estate, in accordance with best practise to minimise the noise from this
inherently noisy process.
6.2
Minimising noise depends on crane driver operation and management
supervision, as such circumstances may change. Environmental &
Consumer Protection will continue to respond to residents’ complaints
made at the time a noise disturbance is reported. Where the Business
is found not to be adhering to agreed operational restrictions then,
subject to the necessary evidence being obtained, appropriate legal
action will be taken to ensure best practice is adhered to.
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Shaun Robson
Head of Service Environmental & Consumer Protection Services
Contact Officer
Tel
Email
Date
Jeff Morley
01202 261710
j.morley@poole.gov.uk
1 August 2012
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