7 - Noise and Human Rights

Summary

INTRODUCTION

In this chapter we discuss the role human rights jurisprudence plays in relation to the control of noise. Human rights law has an important role in this respect, given the limitations of both common law and statutory nuisance, to secure redress by those affected by noise. For example, in the House of Lords case of Baxter v Camden LBC (No 2) a tenant who resided in a block of flats that was owned by a local authority, raised an action against the authority, inter alia, on the grounds that, by reason of poor sound insulation in both the walls and ceilings which separated the various flats, she could hear almost everything her neighbours were doing. Whereas the claimant was being subjected to severe annoyance, the House of Lords held that the state of affairs did not rank as a nuisance on the grounds that the noise in question was everyday noise – that is to say, noise that was created by the ordinary (as opposed to the unreasonable) use by her neighbours of their respective properties. Another important limitation of the law of nuisance is that in order to be able to successfully raise an action in terms of the law of nuisance the claimant is required to have a proprietary interest in the land that is adversely affected by the adverse state of affairs, for example, noise.

We now discuss the extent to which human rights jurisprudence can be enlisted by those who are affected by noise to secure redress.

The Human Rights Act 1998 (HRA) incorporates the European Convention of Human Rights (ECHR) into UK law. Under art 8 and art 1 of the First Protocol of the ECHR have been invoked on a number of occasions by those affected by various forms of pollution, including noise.

Article 8 provides:

• (1) Everyone has the right to respect for his private and family life, his home and his correspondence.

• (2) There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedom of others.