Anyone else experiencing noise from Tescos Belmont store?

[cv5]

Hi everyone,

I'm a newbie and I wanted to open a new topic to ask if anyone has experienced rumbling\vibration noise from Tescos store?

I live in Belmont, just down the road from Tescos store. Our family has been suffering from lack of sleep due to a constant low rumbling\vibration noise (like a car engine - as if its parked outside with the engine running).

We have traced it to Tescos store and we have logged complaints with the store, but they have failed to respond or do anything about the noise. So we had no choice but to report it to the Environment Agency. We are maintaining a log of times of the noise and rating it between levels 1 (not too bad) through to 5 (to very loud). We will have to fill in and send the report by the end of the month.
It has been going on since August this year and we have since found out that Tescos had their freezers\air con upgraded a that time. We have also noticed two metal looking extractor type funnels near the back of the store on the side of the delivery bay. The Environment Agency have implied that Tesco's haven't had planning permission to install these, though were not 100% sure that is true.
The noise is driving us mad and its made worse at night as the rumble vibrates through the bed! We have had endless cups of teas at 4am in the morning where we have no choice but to get up as we cant sleep for the noise and vibration. From our time log it starts any-time from 9pm through to 11am the next day.
I just wondered if anyone else is experiencing this noise? Have you complained to Tesco's or the Environment Agency? Could you let me know please?

Thanks for taking the time to read my post,
Take care,

Newbie cv5

[Alex]

Hello CV5 and welcome to BV. My best friend lives opposite Tesco more or less and he has heard this noise, I think it is some sort of generator or perhaps an outside refridgerator.

[Mick]

A warm welcome to the club CV5. Alex's reply sounds logical There were some very large cranes installing something several months back as we noticed these late one night, they were lifting something over into what looks like the loading bay. Have Tesco commented at all?

[cv5]

Hi Alex!

 

Wow!....thank you so much for replying! We were beginning to think that we were going mad and were the only ones who are hearing it! Some sanity regained! Lol

It does sound like a generator. Whatever it is, its annoying and stressing to live with!

 

Do you know if they've complained to anyone about it?

[Colin James]

I think Mick is referring to this picture that I took on July 1st but we thought this was something to do with the planning application for an external Car Wash -

 

[cv5]

Hi Mike,

 

We originally complained to Tescos - physically went into the store. Our complaint was logged and we were told that the Manager would call us back. But they never did. So we contacted Tescos head office, but yet again, no response. That's why we went to the Environment Agency.

 

We think that whatever is making the noise was installed by the cranes - as it wasn't long after the cranes were there, the noise started.

[cv5]

Thats it Colin!

 

Just behind the roof line where the crane is, is where the new funnels are! It wasnt long after the cranes left that the noise started.

[Colin James]

Thats it Colin!

 

Just behind the roof line where the crane is, is where the new funnels are! It wasnt long after the cranes left that the noise started.

 

Well that activity was happening on the evening of July 1st see this post but it was clearly not the new car wash and something else being installed.

 

( I hope you don't mind but I have moved your topic into the Tesco forum )

[Alex]

Hi Alex!

 

Wow!....thank you so much for replying! We were beginning to think that we were going mad and were the only ones who are hearing it! Some sanity regained! Lol

It does sound like a generator. Whatever it is, its annoying and stressing to live with!

 

Do you know if they've complained to anyone about it?

 

You welcome. I am not sure, I will ask him when I next see him but I am sure he did complain to the Store, not sure what the end result was though.

[cv5]

Thanks everyone! All your replies are greatly appreciated. :Laughing_32:

[Alex]

Always good to have new members active, hope to see you involved in various debates. It's a useful forum.

[Glenda Powell]

 

 

Thanks everyone! All your replies are greatly appreciated.  

As your local councillor I will contact Tesco direct also the planning office. I have had to deal with a lot of complaints over the past few years with Tesco, and they were resolved!

[cv5]

Hi Glenda,

after yet another noisy sleepless night your help its greatly appreciated!

I look forward to hearing about how you get on.

Thank you!

[Glenda Powell]

 

 

Hi Glenda,

after yet another noisy sleepless night your help its greatly appreciated!

I look forward to hearing about how you get on.

Thank you!
 

Hi,

I have got in touch with the planning dept, environmental heath Mr Tresin this morning, and will be meeting with the Enforcement officer tomorrow afternoon, we intend to go to Tesco store. Glenda

[cv5]

Hi Glenda,

I've sent you a private message through this website with more information and who we have been in contact with at the environmental health. Just in-case its of any use. 

[Glenda Powell]

Hi,

 

The environmental health and enforcement officer has met up today to discuss what to do about the noise. The enforcement officer is going to speak with the manager tomorrow morning, as I have a meeting elsewhere he will speak to me later in the day.

[cv5]

Thank you Glenda.

[cv5]

Any news Glenda???

[Glenda Powell]

Hi, The noise is coming from the Dot Com system and the running of engines were from the delivery bay. Apparently the noise is heard in Romsey drive the mostly. The enforcement team manager has spoken to the Tesco manager and ask for it to be dealt with. Let me know if it continues

[cv5]

Thank you for your help Glenda your a star.

Trouble is last-night no-one in the house got any sleep. The noise was pretty much all day yesterday but at 11pm last-night through to 7am this morning we had terrible noise and constant vibration. Even our pet hamster was unsettled by it.   This is 3 Sunday nights in a row that its been very bad all night.

We are still logging the noise and its still pretty much every day and night at the moment. We are all so exhausted and irritable from lack of sleep now. Its beyond being "funny".  

CV5

[Glenda Powell]

OK, I will get back in touch with Mark Lane.. Glenda

[cv5]

After several bad nights of the "mechanical" noise and vibration, I've had to take time off from my volunteer work as I was too exhausted to be able to concentrate.

 

We are finishing off logging our noise record - records lately have been mainly 3 to 4 (1 being liveable to 5 being to noisy to stay in house) nearly every day and night. Environmental health only work office hours and are unable to visit in the evening to listen to the noisevibration. Surely we cant be the only ones who can hear the constant rumbling noise??

 

Hoping to post the record to Hereford Environmental Health later today!

[Colin James]

After several bad nights of the "mechanical" noise and vibration, I've had to take time off from my volunteer work as I was too exhausted to be able to concentrate.

 

We are finishing off logging our noise record - records lately have been mainly 3 to 4 (1 being liveable to 5 being to noisy to stay in house) nearly every day and night. Environmental health only work office hours and are unable to visit in the evening to listen to the noisevibration. Surely we cant be the only ones who can hear the constant rumbling noise??

 

Hoping to post the record to Hereford Environmental Health later today!

 

Office hours only, so what's the point of that? Have you spoken with your neighbors?

[cv5]

Our neighbours are elderly so they probably cant hear it. We've spoken to a few of our neighbours - one said that he could hear a continual hum but then when we mentioned it at a later date, he was with his wife and said that he hadn't heard it. So I dunno.

 

It did seem to go quieter lastnight - until 4am this morning. It woke us up. Then the noise has been constant again all day.

 

It does seem strange that the Environmental Health are office hours only. Lol We managed to send off our log to them (though we are still continuing it). It was nearly 8 pages long!

 

CV5

[Glenda Powell]

Our neighbours are elderly so they probably cant hear it. We've spoken to a few of our neighbours - one said that he could hear a continual hum but then when we mentioned it at a later date, he was with his wife and said that he hadn't heard it. So I dunno.

 

It did seem to go quieter lastnight - until 4am this morning. It woke us up. Then the noise has been constant again all day.

 

It does seem strange that the Environmental Health are office hours only. Lol We managed to send off our log to them (though we are still continuing it). It was nearly 8 pages long!

 

CV5

 

CV5, I have been making enquiries with the Environmental Health officer Marc Willimont who has said he would look into this himself, the enforcement officer seem to think the chimneys are something to do with the baking dept of the store. I AM STILL ON THE CASE!!! Glenda

[cv5]

Thanks Glenda.

[cv5]

Just to update....

 

on Wednesday night we had a quieter night (around level 2 out of 5). We sere so relieved to get some sleep at last!!

 

On Thursday we saw a cherry picker (crane with platform) in Tesco's carpark along with several maintenance vans - refrigeration. So naturally we thought that Tescos had sorted the problem....but no. Last night (Thursday evening) was totally terrible...worst ever (level 5+)!! So much that my mum had constant headache and was physically sick in the early hours due to the noise and vibration.

 

We under the impression that Wednesday night was probably quieter as something (freezer\ovens) had broken down. So the maintenance guys must have fixed it - hence the noise being worse than ever. Unless of course Tesco's is trying to sort the problem and are moving the direction of the extractor fans or something?? I dunno.

 

The maintenance guys are not there today and the cherry picker is parked by the recycling banks - so whatever they did yesterday made the problem 10 times worse! Even now I can hear and feel it as if its hitting one side of the house.

 

We have phoned environmental health to make them aware of the terrible night, but as they have no physical evidence there's very much that they can do. As environmental health don't work in the evenings\early hours - they are unable to visit to experience the noise. Though the gentleman we spoke to on the phone did state that it sounds like an extractor fan that's giving out a low frequency noise.

 

So...were still suffering. Its a truly ridiculous situation. :Sad_32:

[bobby47]

My good friend, I've no idea whether or not the following will help you....The Noise Abatement Act which the Council are empowered to deal with is also an issue which the Human Rights Act can help you with, namely you and your family have the 'right' for a peaceful family life'.

Clearly from what you describe, you and your kin are not enjoying a peaceful family life and you could very easily use the HRA as a rod to fight with.

If you go to Citizens Advice, tell them your problem, they will arrange for you to see a solicitor who will give you one or two appointments pro bono. It won't cost you a penny. You tell him your problem, invoke the HRA as an instrument you are thinking of using and off you go.

Give it a go if you fancy it. The appointment with the Solicitor will be at the CV offices behind the Town Hall.

[megilleland]

On the Council's website they say they aim to respond to at least 90 per cent of complainants within five working days by letter, telephone or by visiting your property. Have they done this? If not follow the advice below and keep an up to date log of events. Has a councillor heard this noise?

 

Neighbourhood noise

Neighbourhood noise includes noise arising from within the community such as industrial and entertainment premises, trade and business premises, construction sites and noise in the street. It does not include general transport noise, which falls under the definition of environmental noise.

 

The Government takes the issue of neighbourhood noise seriously, and have given powers to local authorities to deal with noise.

 

In today’s society, noise is an inevitable consequence of a mature and vibrant society, but for some, it is an unwanted intrusion that has an adverse effect on their quality of life, affecting their health and well being.

 

The Government is working towards securing a sustainable society and a healthy environment and recognises that the management of neighbourhood noise requires a co-ordinated and long term approach that embraces various aspects of modern society, as set out it the Noise Policy Statement for England (NPSE).

 

If talking doesn’t work, the most common kind of formal action is complaining to your local authority about the noise problem.

 

Local authorities have a wide range of legal powers to act against noise and noisy neighbours. Under the law, local authorities have a duty to deal with any noise that they consider to be what’s known as a ‘statutory nuisance’. In general terms, this means that they can deal with most problems of noise where an individual’s behaviour is concerned.

 

It is a council’s duty to take reasonable steps to investigate complaints about noise coming from the following:

 

land (such as construction sites)

buildings

vehicles (excluding general traffic noise)

machinery or equipment in the street, such as construction equipment, roadworks and outdoor sound equipment

 

Under the Noise Act 1996 and the Environmental Protection Act 1990, the council’s powers to seize equipment are set out in detail. They are able to seize noise-making equipment and issue financial penalties to those responsible.

 

What do you do to complain?

You should contact your local authority, usually the environmental health department. The number will be in your local telephone directory.

 

If they visit or witness the noise and agree that it is a statutory nuisance, they must take immediate action. If the noise happens from time to time, they may ask you to keep a diary of when the noise happens, or leave equipment to record it. Sometimes they will measure the noise as part of their investigation into a complaint. There is no set level at which noise becomes a statutory nuisance.

 

How a local authority can act on noise

If the local authority thinks that the noise is a statutory nuisance, or that a statutory nuisance is likely to occur or recur, they must serve an abatement notice - which is an order to deal with the nuisance.

 

This may demand that the noise stops altogether or only happens at certain times of the day. A person can appeal against an abatement notice within 21 days of it being served.

 

A local authority can put off serving an abatement notice for up to seven days from when they decide that a statutory nuisance exists. This might be so that they can try to talk to your neighbour about the problem or so that they can use other legal powers.

 

Your local authority has to take steps to deal with the issue within the seven days. If these don't work, the local authority must serve an abatement notice.

 

If the noise continues

If a person receives an abatement notice but carries on making noise without a good reason, they will have committed an offence. The courts and the police have a range of powers they can use to punish the offender.

 

Courts can impose fines of up to £5,000 for individuals and £20,000 for businesses.

 

Complaints about the local authority

Your local authority aims to work with you to resolve noise problems.

 

If you are unhappy about the way they have handled the case, find out about the formal complaints procedure of your local council and make your complaint.

 

You can also complain to the Chief Executive Officer of the local authority or talk to your local councillor.

 

If you are still not satisfied about the way your complaint has been handled, you can ask the independent Local Government Ombudsman to look into your case. In certain circumstances, they may investigate complaints against local authorities and use their powers to check that the local authority followed the correct procedure under legislation.

 

For further information please call their advice line number 0845 602 1983 or go to their website www.lgo.org.uk

 

Complaining to a magistrates’ court

If, for whatever reason, the local authority does not take action, or if you do not wish to involve them, you can complain about a noise problem direct to a magistrates' court. The magistrates’ court will need to be persuaded that the noise problem amounts to a statutory nuisance.

 

It is important that you keep a written record of the dates, times and duration of the noise, as well as a description of it and the distress it causes you.

 

The first step to take when thinking about taking action through a magistrates' court is to seek advice from the clerk at the court. Before you start legal proceedings, you are required to write to the noise maker and explain that you intend to take legal action.

 

The noise maker must receive three days’ written notice before you begin proceedings.

 

What happens at court?

If you win the court case, the court will issue an order telling the offender to stop the noise nuisance and what they have to do to achieve this. The court may also give the noise maker a fine.

 

If the court finds that the nuisance existed at the date of making the complaint, they may award you the reasonable costs incurred by you in bringing the action against the noise maker. If you do not win, you may have to pay your own costs and the costs of the person you have taken to court.

 

What if the noise carries on?

If someone breaks the rules of an abatement order and carries on making noise without a reasonable excuse, they will be guilty of an offence and can be fined.

 

Useful contacts

 

Defra

Because of concern about neighbourhood noise, Defra (Department for Environment, Food and Rural Affairs) is conducting research into this area, looking at ways to raise awareness of the problem and influence behaviour.

 

Defra works closely with other Government departments and outside organisations.

 

For further information on Defra noise policy and for more contact details, including those for a number of noise campaign groups, go to: www.defra.gov.uk/environment/quality/noise/

 

For more information, please contact:

 

Defra Helpline

Tel: (8am to 6pm Monday to Friday) 08459 33 55 77

Email: helpline@defra.gsi.gov.uk

Write to: Defra Customer Contact Unit

Eastbury House

30 - 34 Albert Embankment

London SE1 7TL

[Glenda Powell]

CV5, I have had a phone call this morning (Xmas Eve) from Mike Pigram in Environmental health he needs to know your address so they can put in noise monitoring equipment into yours and neighbours homes, please make contact or ring me on 01432 360456. Thank you. Glenda