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Degree of seriousness or severity of excessive noise before powers and duties may be exercised or performed

Community Disputes Resolution (Limitation of Powers and Duties) Regulations 2025

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—(1) For the purposes of section 13G(1)(b) of the Act, the unreasonable interference of causing excessive noise must in the determination of the Director‑General be serious and severe before the powers and duties in Part 2A (other than sections 13K and 13M) of the Act of the Director‑General, Directors, Deputy Directors, Senior Assistant Directors, community relations officers and auxiliary community relations officers may be exercised or performed.(2) The Director‑General may in making his or her determination under paragraph (1) —(a)do so on the information or evidence alleged or disclosed on the face of the complaint and any document or material submitted in support of the complaint without any further investigation or other action; and(b)consider any of the following factors:(i)the alleged volume or intensity of the alleged excessive noise;(ii)the time at which the alleged excessive noise is alleged to occur and the duration for which it is alleged to occur;(iii)whether the alleged excessive noise would reasonably be expected to occur in the course of ordinary daily activities;(iv)any possible impact that the alleged excessive noise may have on the daily activities of the individual’s neighbour;(v)whether there was any prior attempt by a public agency, mediator or other neutral party to facilitate dialogue or resolution between the individual and the individual’s neighbour in relation to the complaint and if so, the outcome of the attempt.(3) To avoid doubt, the limitations in this regulation do not apply to the unreasonable interference mentioned in regulation 2(b).

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