| Commentary

147 Habitual noise

| Commentary

147 Habitual noise

The habitual generation of noise in a garden, for example from a record player, may be both a private nuisance and a public and statutory nuisance. If the noise comes from building operations on land, the person suffering should check that planning permission and byelaw consent, if required, has been obtained for the works. Even if it has, excessive noise outside normal working hours, that is 09.00 hours to 18.00 hours, may be the subject of an injunction restraining the use of particular tools, for example a pile driver1 or outside particular hours2. Damages are usually ordered

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