Step 4 - Evidence Gathering
Should the problem continue following the interventions conducted by Sandwell Council officers at Step 3, it will be necessary to gather additional evidence to established whether a noise abatement notice can be justified.
This is a collaborative arrangement between Sandwell Council and you. Due to the layout of the law on nuisance there is a strong focus on the complainant proving the severity of the problem.
Types of evidence
- Written - Officer Witness Statements, Complainant Witness Statement, Diary Sheets (download a noise nuisance diary record sheet)
- Recorded - The installation of noise monitoring equipment within your property (Sandwell Council will provide)
- Impartial third party - Police Officer statements, Housing Officers etc.
Noise abatement notices
This is a legal document which may be subject to a court appeal (hearing) therefore the investigating officer needs to be satisfied that you, as the complainant, can provide robust evidence in conjunction with impartial evidence collected by Sandwell Council officers.
Noise abatement notices are subject to the right of appeal. Sandwell Council therefore has to be satisfied that it has sufficient evidence to demonstrate to a court that it was justified in serving the notice and that it is a reasonable and proportionate response to the problem.