Number of complaints received for the following categories a) VIBRATION and b) LOW FREQUENCY NOISE (Tonal)

The request was partially successful.

Ms Jennie Hester

Dear Gloucester City Council,

Under the Freedom of Information Act, please could you provide the following information for the last full year for which records are
kept; the number of complaints received for the following categories (or your equivalent):

a) Vibration
b) Low Frequency Noise (Tonal)

For each of the above categories, please provide a breakdown for:

1. No statutory nuisance found
2. Nuisance found, formal warning issued
3. Noise Abatement Notice issued

Please provide the guidance or applicable criteria used in the assessment of the above which shows the levels at which you would
deem a statutory nuisance to have arisen.

Please could you provide any documentation held for noise abatement notices served for the above which include pumps, boilers or fans
and redacting any information deemed necessary by the council.

In addition I would be grateful if you could provide information on what action your authority can take to abate a nuisance where a
complaint of statutory nuisance has been made; and found to be true when the nuisance arises from mechanical noise but the property in question belongs to the council or forms part of the housing stock owned or managed by the council. Please provide the relevant
guidance or assessments used in such instances.

Thank you.

Yours faithfully,

Ms Jennie Hester

Ruth Silk, Gloucester City Council

I am writing to acknowledge receipt of your Freedom of Information (FOI)
request made to Gloucester City Council.

In accordance with the Freedom of Information Act 2000 (FOIA), we
anticipate to respond to your request for information within 20 working
days. If this is not the case, we will be in touch to discuss an extension
to this deadline.

For further information on making a FOI request with Gloucester City
Council, or to view our online Publication Scheme; click here.

Ruth Silk
Business Improvement Officer

Business Improvement Service T: 01452 396712
Phillpotts Warehouse F: 01452 396560
The Docks
Gloucester
[email address]
GL1 2EQ www.gloucester.gov.uk
P THINK - Do you really need to print

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Ms Jennie Hester

Dear Gloucester City Council,

Is there a reason for your delay in response, am happy to wait for a full reply...

Yours faithfully,

Ms Jennie Hester

Ruth Silk, Gloucester City Council

Dear Ms Hester,

I am writing in regard to your Freedom of Information (FOI) enquiry made
on 25^th June 2011, concerning number of complaints received.

Having considered your request for information I am writing to ask for an
extension to the 20 working days response outlined in the Freedom of
Information Act 2000.

Your request for information is taking more time than initially
anticipated. As a result, I require until 29^th August 2011 to compile a
good quality response to your FOI enquiry.

Thank you for anticipated co-operation in this matter and I look forward
to hearing from you shortly.

Ruth Silk
Business Improvement Officer

Business Improvement Service T: 01452 396712
Phillpotts Warehouse F: 01452 396560
The Docks
Gloucester
[email address]
GL1 2EQ www.gloucester.gov.uk
P THINK - Do you really need to print

================================================================
DISCLAIMER
This message is intended for the recipient only and may contain privileged
information.
If you are not the addressee, or you have received it in error, you may
not copy, disclose, print,
or deliver this message to anyone. Should this be the case, please delete
this message, and inform
the sender of your action by reply e-mail.
Gloucester City Council does not guarantee the accuracy or reliability of
information in this message,
and any views expressed are not necessarily the views of Gloucester City
Council.
Gloucester City Council does not accept any responsibility for any
disruption or loss to your data or
computer systems that may occur whilst using any program or document
attached to this message.
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Mr Akhtar left an annotation ()

Seems reasonable if they provide a full response which is doubtful although you would have expected the request for more time to have been made within the 20 days.

Ms Jennie Hester

Dear Ruth Silk,

A good quality response will always be worth waiting upon. Many Thanks.

Yours sincerely,

Ms Jennie Hester

Mr Akhtar left an annotation ()

The reply is now well overdue. Gloucester Council asked for an extention until 29th August 2011 and it is now the 9th of September 2011.

Ruth Silk, Gloucester City Council

Re: Freedom of Information request

Thank you for your request for information received on 27^^th June 2011

Your request is being handled under the Freedom of Information Act 2000
(FOIA).

Firstly, let me begin by apologising for the delay in responding to your
FOI request. Please find below Gloucester City Council’s response to
your request for information. 

 

Q.      Please could you provide the following information for the last
full year for which records are kept; the number of complaints received
for the following categories (or your equivalent):

a) Vibration

b) Low Frequency Noise (Tonal)

For each of the above categories, please provide a breakdown for:

 1. No statutory nuisance found

 2. Nuisance found, formal warning issued

 3. Noise Abatement Notice issued      

A.     

Having consulted colleagues I can confirm that Gloucester City Council’s
service request software system (UNIFORM) does not have a category for
vibration or low frequency noise. The City Council’s software does have a
category for industrial noise and commercial noise, which is where the
majority of our complaints in respect of vibration and low frequency noise
are to be found. As a result, from our preliminary assessment, we estimate
that compliance with your request would exceed the appropriate costs limit
(currently £450) under section 12 of the Freedom of Information Act 2000.

In relation to your request for information; I can confirm that Gloucester
City Council does hold the information you have requested. However, the
Council does not have a software system that can report on the data you
require in its entirety. As a result a   manual search of the files will
have to be conducted, which would equate to over 25 hours of staff time or
£625 (at £25 per hour for staff time).

If you do choose to proceed with this Freedom of Information request
please contact me on the details below and we can discuss further.

It therefore follows on that we are unable to provide an answer on Q1, Q2
and Q3

The guidance used in assessing nuisance from vibration or low frequency
noise would include the case law built up around Statutory Nuisance and
the DEFRA guidance for dealing with complaints of low frequency noise and
vibration. However, Gloucester City Council rely very much on subjective
assessment by the individual officer.

Where a nuisance has been established in respect of a Council owned
building/plant then a Statutory Abatement Notice cannot be served as you
cannot serve a Notice on yourself (legally invalid). This matter would be
dealt with informally through the Estates/Housing Service of the Council.

This situation would differ if a District Council established a Statutory
Nuisance from a County Council building/plant - although in order to
maintain good relations the service of a Statutory Abatement Notice would
be an absolute last resort.

It would be a similar situation with an Arms Length Management
Organisation (ALMO) who have taken on responsibility for housing stock.
Council Members would sit on the board of this ALMO and the ALMO would
also be significantly funded by the Local Authority so service of a
Statutory Abatement Notice although legally possible would be a last
resort.

       

If you are unhappy with the way your request for information has been
handled, you can request a review by contacting the Council at:

* E-mail        [email address].uk  
( Telephone     01452 396 967  
+ Post  Freedom of Information

Gloucester City Council

Herbert Warehouse

The Docks

Gloucester

GL1 2EQ

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.

Telephone: 08456 30 60 60 or 01625 54 57 45           

Website: www.ico.gov.uk  

There is no charge for making an appeal.

Ruth Silk
Business Improvement Officer

Business Improvement Service   T: 01452 396712
Phillpotts Warehouse                  F: 01452 396560
The Docks                              
Gloucester                              
[email address].uk       
GL1 2EQ                                 
www.gloucester.gov.uk
P THINK - Do you really need to print

================================================================
                                                    DISCLAIMER
This message is intended for the recipient only and may contain privileged
information.
If you are not the addressee, or you have received it in error, you may
not copy, disclose, print,
or deliver this message to anyone. Should this be the case, please delete
this message, and inform
the sender of your action by reply e-mail.
Gloucester City Council does not guarantee the accuracy or reliability of
information in this message,
and any views expressed are not necessarily the views of Gloucester City
Council.
Gloucester City Council does not accept any responsibility for any
disruption or loss to your data or
computer systems that may occur whilst using any program or document
attached to this message.
You are advised not to send confidential or sensitive information by
e-mail, as the security of the
site cannot be guaranteed.  

Email communications may be logged, monitored and/or recorded for legal
purposes.

Dear Ruth Silk,

Thankyou for your response. The costs are beyond my means.

Yours sincerely,

Ms Jennie Hester

Mr Akhtar left an annotation ()

Let me just pick up on this. The reply is wrong in so much that the information requested falls under the EIR 2004 and FOI.

The charges for environmental information only apply to the cost of paper, postage, etc but cannot be applied in retrieving and copying for example.

The Informations Commissiners Office has held this to be the case as has European Courts and Information Rights Tribunal.

The EIR 2004 confirms that noise is environmental (emissions) in nature and falls within these regulations. This is covered at Regulation 2(1) of the EIR. This is covered at:

http://www.ico.gov.uk/for_organisations/...

On this page there is a link to .pdf file which more fully outlines the scope of the EIR.

Numerous decisions have been made by the Information Commissioners Office and The Information Rights Tribunal on such matters and the ICO has held:

‘The Commissioner considers that the phrase ‘any
information…on’ should be interpreted widely in line with the purpose expressed in the first recital of the Council Directive 2003/4/EC, which the EIR enact.’