Noise order abated at Quarter Sessions
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• Northern Ireland Trailers Ltd, tip unit-load haulier based at Preston Docks had a general noise abatement order mad against the company by Preston magistrate. varied at Lancashire Quarter Sessions las week.
The order was issued on November 1971 on information laid by Preston Corporatioi following complaints by residents on du main road adjacent to the docks. It wa. alleged that side-lift container vehicles usec in the company's compound emitte( excessive noise during night operation.
In April this year NIT appealed t( Quarter Sessions and during a three-de.] hearing two points of law were raised. I was argued that noise abatement was a civi proceeding which should have been starte( by way of complaint to the magistrate instead of being treated as a .crimina matter.
Evidence was given that since the hearing before the magistrates, steps had been take' to abate the noise and that it could nc longer be regarded as a nuisance.
Before Judge Lawton last week Mr R. J H. Collinson, for the company, said that ir view of the Divisional Court's decision the company had decided not to continue wid that part of its appeal against the issue ol the order. Instead, variation was sought sc that it should apply only during the hour: between 10 pm and 6 am.
The Noise Abatement Act accepted thai it was not possible to abate noise complete!) and by the time NIT first came to Quartei Sessions the company was in a position tc prove a defence. There had been criticistr before the magistrates because it had nol taken expert advice but since then z consultant engineer and a company callec Acoustical Investigation and Researct Organisation Ltd had been engaged. Ib report showed that after modification has been made the engine noise could not 13( reduced further.
The noise was now no higher thar normal in dock operation and was lowei than that of the traffic on the main mac outside the dock estate. It was, however said that the noise could give rise tc complaint in the best listening condition: such as late at night.
Modification to the throttle of one of the machines suggested in the report had beer undertaken and other alterations had cosi some £630. If the existing machine coulc not be used and NIT had to replace then with derrick cranes the cost would ty around £135,000.
The corporation did not oppose variatior in the terms proposed and Judge Lawtor said the steps taken since the magistrates decision might well have afforded a defence if they had been put into effect prior tt November 1970.
By agreement costs were awarded to the corporation.