Noise Nuisance Created By Bird scarers

Somerset West and Taunton Council did not have the information requested.

Dear Somerset West and Taunton Council,

We are compiling national data on noise nuisance complaints relating to auditory bird scaring devices (propane gas guns, banger ropes etc).

If available, we'd like the source data as extracts from the Environmental Health Department's database, redacted to protect confidential information. We are particularly interested in the postcodes of the alleged noise nuisance of audible bird scaring devices.

Cover period: 1. January 2015 - 30 June 2019, broken down by year
Auditory Bird Scaring Devices = ABDS
National Farmer's Union = NFU

GENERAL

1) Does the EHD log all noise nuisance complaints (phone,email,letter)?
2) How many noise nuisance complaints (all causes) were received in cover period?
3) How many of these related to ABSD?
4) How many of those related to ABSD, resulted in an abatement notice being issued?

NFU CODE

5) NFU Code of Practice specifies that farmers should register ABSD with the local council. How many guns were registered with the council during the cover period?

6) NFU Code of Practice is a voluntary code, but Councils are allowed to issue bye-laws. Does the Council have a bye-law regarding the use of ABSD?

7) Does the EHD have an internal policy for the process of investigating noise nuisance by ABSD? If yes, please supply a copy.

INVESTIGATION

8) How many times was the EHD unable to investigate / act on a complaint because the owner/operator of a gun could not be identified?

9) When deciding whether an ABSD constitutes statutory noise nuisance, does the council rely on noise monitoring data, or does it accept the subjective evidence by a EHO?

10) If noise monitoring equipment is used, how many machines does the environmental Health Department have that are suitable for measuring noise emission from ABSD?

11) If noise monitoring equipment is used, which BS standard is applied?

TRAINING

12) How many Environmental Officers does the Environmental Health Department employ?

13) How many days Continuous Professional Development has the team received in relation to statutory noise nuisance?

14) If the data exist, is it possible to break down outcomes of complaints (about ABSD ONLY) into how many ended in

a) informal discussion with offender only
b) visit to the property & subjective assessment by EHO
c) installation of noise monitoring
d) noise monitoring found that no statutory noise nuisance exists
e) noise monitoring found that statutory noise monitoring does exists
f) resulted in abatement notice
g) abatement notices contested

If you are able to say:

- how many gasguns do you estimate are in use within the District?
- how long does it take on average to deal with a complaint from ABSD

Thank you so much.

Yours faithfully,

Chris

Dear Somerset West and Taunton Council,

I am in the process of compiling the data and cannot identify a reply. your urgent attention to the matter is appreciated.

Yours faithfully,

chris taylor

Customer Services - CMC, Somerset West and Taunton Council

Thank you for your query. Your request will be dealt with under the
Freedom of Information Act 2000 and you will receive an official response
within 20 working days.

 

We have entered your FOI request into our online customer system to enable
us to build up our database of responses for any other interested parties.
You will receive a separate e-mail with a reference number.

 

 
The Council is committed to protecting your privacy when you use our
services. If you would like more information about how we do so please
visit our website at
[1]https://www.somersetwestandtaunton.gov.u....

This communication is intended solely for the person (s) or organisation
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References

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Somerset West and Taunton, Somerset West and Taunton Council

1 Attachment

Reference: FOI-199106022
Date of request: 22/04/2020
Title of request: EHO and crow scarers

Dear Chris Taylor,

Thank you for your request for information, this email is your official
acknowledgement.

Your request has been logged, please quote the reference in any future
correspondence relating to your request.

Unless you told us the previous disclosures answered your query your
request will be dealt with under the Freedom of Information Act 2000 and
you will receive an official response within 20 working days.

Yours sincerely

Information Management

Somerset West and Taunton

Dear Somerset West and Taunton Council,

thanks. please correct your log for the FOI request. It is NOT 22 April 2020, but 6 Sept 2019. your reply is 7 months overdue and should be recorded in your official statistics as a failure to comply with the statutory requirement.

Please confirm you have amended your logs.

chris.

Yours faithfully,

chris taylor

Customer Services - CMC, Somerset West and Taunton Council

Thank you for your query. Your request will be dealt with under the
Freedom of Information Act 2000 and you will receive an official response
within 20 working days.

 

We have entered your FOI request into our online customer system to enable
us to build up our database of responses for any other interested parties.
You will receive a separate e-mail with a reference number.

 

 
The Council is committed to protecting your privacy when you use our
services. If you would like more information about how we do so please
visit our website at
[1]https://www.somersetwestandtaunton.gov.u....

This communication is intended solely for the person (s) or organisation
to whom it is addressed. It may contain privileged and confidential
information and if you are not the intended recipient (s), you must not
copy, distribute or take any action in reliance on it. If you have
received this e-mail in error please notify the sender and copy the
message to [2][email address]

References

Visible links
1. https://www.somersetwestandtaunton.gov.u...
2. mailto:[email address]

Dear Customer Services - CMC,

Please answer the question I asked: you logged the FOI request as 22 April 2020. The correct date is 6 September 2019. Please confirm that you corrected the information on your database . If you don't I will refer this to the ICO.

Yours sincerely,

chris taylor

Somerset West and Taunton, Somerset West and Taunton Council

Reference: FOI-199106022
Date of request: 2020-04-22 10:40:17
Title of request: EHO and crow scarers

Dear Chris Taylor,

I write in response to your Freedom of Information request to Somerset
West and Taunton Council.
 
We can confirm that we don’t hold the information that you have requested.
We do not record bird scares as a particular nuisance and it would be not
be feasible to go through every noise complaint to extract the data.
All Freedom of Information and Environmental Information Regulations
responses are published on our website at the end of each month.
[1]https://www.somersetwestandtaunton.gov.uk 
 
If you are dissatisfied with the service that you have received
in relation to your request, you have 40 days from now to request an
internal review. This will be carried out by a Freedom of Information
Officer. Please complete our [2]complaints and compliments online form if
you wish to request an internal review.
 
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision. Generally the ICO
cannot make a decision unless you have exhausted the complaints procedure
provided by the Authority. You can write to the Information Commissioner
at The Information Commissioners Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF or visit their
website [3]https://ico.org.uk
 
Yours sincerely
 
Information Management

Somerset West and Taunton

References

Visible links
1. https://www.somersetwestandtaunton.gov.uk/
2. https://my.somersetwestandtaunton.gov.uk...
3. https://ico.org.uk/

Dear Somerset West and Taunton Council,

thanks for the reply.

please confirm that you updated the date of the request to the 6th September, and NOT 22 April 2020. your reply was 7 months overdue and should be recorded in your official statistics as a failure to comply with the statutory requirement.

Yours faithfully,

chris taylor

Customer Services - CMC, Somerset West and Taunton Council

Thank you for your query. Your request will be dealt with under the
Freedom of Information Act 2000 and you will receive an official response
within 20 working days.

 

We have entered your FOI request into our online customer system to enable
us to build up our database of responses for any other interested parties.
You will receive a separate e-mail with a reference number.

 

 
The Council is committed to protecting your privacy when you use our
services. If you would like more information about how we do so please
visit our website at
[1]https://www.somersetwestandtaunton.gov.u....

This communication is intended solely for the person (s) or organisation
to whom it is addressed. It may contain privileged and confidential
information and if you are not the intended recipient (s), you must not
copy, distribute or take any action in reliance on it. If you have
received this e-mail in error please notify the sender and copy the
message to [2][email address]

References

Visible links
1. https://www.somersetwestandtaunton.gov.u...
2. mailto:[email address]

Somerset West and Taunton, Somerset West and Taunton Council

1 Attachment

Reference: FOI-206826620
Date of request: 13/05/2020
Title of request: already answered.crow scarers ref FOI-199106022

Dear Chris Taylor,

Thank you for your request for information, this email is your official
acknowledgement.

Your request has been logged, please quote the reference in any future
correspondence relating to your request.

Unless you told us the previous disclosures answered your query your
request will be dealt with under the Freedom of Information Act 2000 and
you will receive an official response within 20 working days.

Yours sincerely

Information Management

Somerset West and Taunton

Somerset West and Taunton, Somerset West and Taunton Council

Reference: FOI-206826620
Date of request: 2020-05-13 12:44:44
Title of request: already answered.crow scarers ref FOI-199106022

Dear Chris Taylor,

Thank you for your Freedom of Information submission to Somerset West and
Taunton Council.
Just a confirmation that we have, indeed, backdated the request to
September 6th 2019. Many thanks.

Somerset West and Taunton