1 - Introduction

Summary

THE DEVELOPMENT OF NOISE LAW AND POLICY

Unwanted sound or noise is indeed unique, in that it has prompted individuals who have been affected to commit murder. Noise also enjoys the dubious distinction of having been used as an instrument of torture. Environmental noise has been perennial in the UK since the Industrial Revolution. However, unlike other forms of pollution, noise has not been an emotive subject in the eyes of the general public. Individuals tend only to take an active interest in noise if they are personally affected. However, the importance of noise pollution is clear and beyond dispute. The World Health Organisation (WHO) has recognised that noise seriously harms human health and also interferes with peoples’ daily activities at work, at home and during leisure time. Noise can disturb sleep, cause cardiovascular and psychophysiological effects, reduce performance and also provoke annoyance responses and changes in social behaviour. The WHO expressed the view that traffic noise alone was harmful to the health of every third person in the WHO European region. Finally, one in five Europeans was exposed to sound levels at night that could significantly damage health. However, notwithstanding its importance, in terms of the development of environmental regulation as a whole, noise ranks as the Cinderella. The lowly status of noise is no doubt due to the nature of noise. Noise is, of course, invisible. It leaves no residue and, therefore, does not have a ‘fallout’ factor. There can never be a noise disaster of a similar nature to that which afflicted either Bhopal or Seveso. Noise almost seems to have been tacitly accepted by society as the inevitable consequence of modern life. Indeed, in the Court of Appeal case of AG v Hastings Corp, Tucker LJ laconically observed that, ‘we move in an age of noise’. However, before proceeding to discuss the modern substantive law relating to noise, it is useful to give a brief mention of its chronological development.

The nineteenth century

During the nineteenth century there was no national legislation that dealt with the subject of noise. Documentary evidence relating to noise pollution in the UK is sparse. However, given that heavy machinery was often employed in factories, etc. coupled with the fact that, due to poor planning controls, factories were often situated close to dwelling houses, noise must have been a widespread problem.