Bristol City Council has successfully secured a prosecution following a number of noise and obstruction offences by a construction company working on a property in Kingsdown
Noise complaints from early morning construction works taking place on Alfred Hill were first reported to Bristol City Council in October 2017. Local residents were being disturbed by noisy building work before 8am on Sundays and Bank Holidays.
Councils are required to investigate complaints that are considered a ‘statutory nuisance’ under the Environmental Protection Act 1990. For an issue to count as ‘statutory nuisance’ it must do one of the following:
- Unreasonably and substantially interfere with the use or enjoyment of a home or other premises
- Injure health or be likely to injure health
Following an investigation by the Neighbourhood Enforcement Team, a legal notice was issued under section 60 of the Control of Pollution Act 1974, restricting work between 8am to 6pm Monday to Friday, 8am to 1pm on Saturdays and at no time on Sundays or Bank Holidays.
Complaints about noise continued to be received from a local resident and officers were able to show 14 breaches of the notice by the company. West-Tech Construction Ltd were prosecuted for 12 of the breaches and fined £2000 for each offence, totalling £24,000. In addition they were instructed to pay costs of £3048.28 & £120 victim surcharge.
While investigating the noise complaints, the Neighbourhood Enforcement Team saw workmen obstructing the highway and storing materials on the highway without the relevant licences. West-Tech Construction Ltd were prosecuted for two offences under Highways Act 1980, but received no separate penalty.
The owner of the property, Robert Williams of Ashley Court Road, pleaded guilty at Bristol Magistrates Court on 24th April 2019 for committing an offence under section 51 of the New Road & Street Works Act 1991. Neighbourhood Enforcement Officers proved that he had carried out works to sewers without a licence. He was fined £200 and ordered to pay full costs of £1270.72, plus a victim surcharge of £30.
Councillor Steve Pearce, cabinet member with responsibility for Waste, Commercialisation and Regulatory Services, said: “We have a duty to ensure that people living and working in Bristol can enjoy the peace of their own home or premises.
“This successful prosecution by our Neighbourhood Enforcement Team shows how we are committed to making sure developers and construction companies adhere to law or pay the penalty.”