[freebirdy]

Ok chookers, some one out there MUST know the ins' and outs' of the law regarding noise nuisance from cockerels. The council rang me today to say that recieved a complaint about my roo. I keep bantam Polands.
My birds are not let out until 8am weekdays and between 9-10 am at weekends. The roo crows about 4 times a day, 4-5 doodles each time he crows. They woudn't tell me if the complaint was concerning day time crowing or early morning while still in the coop.
He was going to be moved into a cockerel box this weekend anyway that is kept in my brick barn and is covered in foam soundproofing tiles from a recording studio!!! So, my question is, statutory noise nuisance during the day - what constitues it and if I aliviate the early morning crowing now he's in a cockerel box for the summer can they force me to get rid of him? I can't see how a complaint can be upheld regarding him crowing during the day as he is far from a noisy bird and what is deemed a nuisance?

[Dopey113]

The thing is if your a shift worker, then time of day it crows and annoys you doesn't matter, I have chickens too, i would have loved a cockerel, they look great, but i live at Heathrow Airport,everyone is on shift work, so i didn't get one, my neighbour 2 doors away selfishly got one, and the thing didn't stop, I didn't complain, but when it woke HIS kids up it was a different story, and he got rid of it, its annoying sometimes, but hey that's life, so are aircraft buzzing all around you,

[Yorkie]

Statutory nuisance is defined in the EPA 1990 as "noise emitted from premises so as to be prejudicial to health or a nuisance".

Another way of describing it is that this means that they have to prove that the noise is causing an unreasonable interference with someone’s use of their land or material discomfort to the population at large.  Source

EH have a duty to investigate if a complaint is made and, if they judge that there is a statutory nuisance, they can issue an Abatement Notice.  If that doesn't sort it out then then can take further action against you.

More info here.

Unfortunately for you there is no right to keep cockerels, unlike hens.  If your plans mean that the noise is no longer audible to those who have complained, you should probably be OK.  But if the steps do not sort the matter out, then yes they can make you get rid of him.

[ANHBUC]

www.shropshire.gov.uk/environmentalhealth.nsf/open/B5E21EE53100D9B58025775B0042D1B6

I think the information on this Council website can be applied to all English Councils.  If you go to your Council website and type in "Noise from cockerels crowing" you should find what their policy is.

Good luck.  

[Ice]

This hasn't come out out of the blue though, you posted about your neighbours complaint three months ago.

[Yorkie]

Just looked back through the previous posts - I thought you wrote that you'd got rid of them.

Went to The Fed to collect the birds from a breeder and all was going well...until a blooming neighbour reported me! Had Env Health on my back. Threatened to take ALL my birds. I'm totally gutted.   
She didn't even know I have Polands until she nosied through a gap in the back fence because I was pulling up the shrubbery to do the walk-in run for the Watermael! She went ballistic! Going on about health hazards and vermin etc etc. 
She must have been straight on the phone to the council and an inspector turned up the next day. I'm allowed to keep my Poland hens but I've got to get rid of the watermael and possibly my Poland rooster. He's obviously not been a nuisance at all because she hadn't reported my other birds!
I've been given until Jan 3rd to re-home the chooks. They are coming back to inspect to see if I have complied, if not they will take them all.    
They were happy with my set up, clean, no vermin traces and birds all in good health, it's the possible noise from three cockerels they are objecting to. 

Why didn't you comply with the original notice from EH?

[Tony H]

Hi as said councils have to prove that a noise is above statuary laws, There is no law between the hrs of 730 to 6 unless they can prove a constant nuisence, cockrals are a grey aria as far as councils are concerned and are reluctant to take legal action as they very rarley win, as a cockerals noise is far and between. someone by me had an abaitment order served by the council and he took them on and the council backed down as they couldnt legaly prove a consatnt nuicence 

[Yorkie]

Hi as said councils have to prove that a noise is above statuary laws, There is no law between the hrs of 730 to 6 unless they can prove a constant nuisence, cockrals are a grey aria as far as councils are concerned and are reluctant to take legal action as they very rarley win, as a cockerals noise is far and between. someone by me had an abaitment order served by the council and he took them on and the council backed down as they couldnt legaly prove a consatnt nuicence 

Please provide your link to the law which states that there is a different legal test between 0730 and 1800 hours, and another test between 1800 hours and 0730 the following day.

There is no reference to this on any of the sites I have searched.

[Tony H]

sory i havent got a link its just what i was told by a freind who works for my local council as a inspecter, i will ask him though 

[Tony H]

Found this : LINK


Edit link for ease of reading

[Tony H]

DEFRA call night noise as being between the hrs of 11 to LINK :




Edit link for ease of reading

[Tony H]

I have spoken to my mate who said its all a matter of contexet, noise abaitment act is between the hrs of 11 and 7 our local council activly inforse rules before 7 but avoid taking legal action, in the morning in private dwelings and 6 in industral, but the surounding aria plays a big part ie rural or town centre, I think that this problem is down to your local enviroment and how far the council want to take it, the overiding sencus seems to be noise before 7 in the mornning, hard to do with a cockerel.

[Yorkie]

DEFRA call night noise as being between the hrs of 11 to LINK :




Edit link for ease of reading

That is very interesting, wasn't aware of the Noise Act 1996 and that link.

It must be clarified that there are two separate laws here.

The first is the EPA 1990 which I previously referred to and which is the one relevant to statutory nuisance'.  The document which you've linked to has no relevance to that Act.  The hours of 11-7pm are of no relevance to statutory nuisance.

In relation to statutory nuisance, as your friend has said, it is all a matter of context.  There is no limitation on times of day etc.

The second law, which is what your linked document relates to, is the Noise Act.  This is separate and additional to the first Act.  It gives councils an alternative route of enforcement where a complaint is made of excessive noise from a dwelling between the hours of 11pm-7am.  It is clearly envisaged to relate mainly to sound systems as there is reference to decibel monitoring and seizure of equipment causing the noise.

Freebirdy's original complaint investigation will almost certainly have been under the statutory nuisance provisions given the time of day when the cockerel noise appears to be occurring.

[Tony H]

Thanks yorky was getting very confused with what seemed contradicting laws, since this morning i have spoken to my mate and he said basicly if a noise is omited from a residential before the  7 they would take action after 7 they would moniter the situation and if necasery visit the property or send a letter to the property owner, Think this is one of them grey ariaers where you live determins the action taken