Tag Archives: case law

Interesting Case Law

Poor sound insulation between adjoining properties is a cause of many complaints throughout the country. It may make everyday sounds of ordinary living for example; children playing intolerable. It is a particular problem in premises originally constructed as single household dwellings, which have been converted into self, contained flats. Unfortunately following the common law cases of Southwark v Mills, Baxter v Camden LBC and Vella vs LB Lambeth it was found that a lack of sound insulation between premises leading to noise nuisance cannot be remedied under the Environmental Protection Act 1990. These cases found that it is not reasonable to expect neighbours to behave especially quietly because sound insulation between their properties is poor. Subsequently normal, everyday noise will not constitute a statutory nuisance. As a result of these cases statutory action cannot be taken by the Environmental Protection and Monitoring Team of Plymouth City Council to require the provision of sound insulation in such cases. If however, normal everyday noise is undertaken in an unreasonable way for example musical instruments loudly playing for long periods of time the Environmental Protection and Monitoring Team may be able to help.

Click to access sound_insulation.pdf