I'm seeking advice of what action can I take against the council who in my opinion have failed to investigate a noise complaint correctly, that was first raised with them in February 2020.
The complaint is regarding a water pump sited in the communal ceiling approximately 2m from my bedroom, it sits on the same joist level and the noise is heard through the floorboards within my bedroom.
It disturbed my sleep 118 times between 13th October 2020 and 11th April 2021 and the council concluded the noise had not been assessed as unreasonable as it is caused by a water pump to a neighbouring property and is working as required; and the level of type of noise was witnessed to be low.
When they had eventually arranged witnessing of the noise, I am informed that a tap was turned on, the officers could hear a faint humming noise. This was assessed as not constituting to a statutory nuisance, however they did feel it could constitute an annoyance. I stated at the time that I had not heard the noise through the ceiling in the lounge (directly under the bedroom) and that usually it could be heard through the ceiling. I believe that the true level of noise had not been witnessed and therefore their assessment was wrong.
I submitted my own recordings to the investigating officer and his initial response was that the noise from the water pump could not be heard on them, however, it is clearly evident and is not a faint humming noise.
When they ended the investigation on 25th March they stated "Based on the noise witnessed to date we have been unable to witness a statutory nuisance; I acknowledge that noise from the water pump can be heard, but this is not an unreasonable activity nor is the level of noise associated with it. The water pump is essential as it needs to draw water for your apartment and your neighbour’s properties, and as such a level of noise is to be expected."
They concluded "If you still do feel that it is very loud there is other options you can take by either soundproofing your wall or taking your own action under the Environmental Protection Act 1990."
The water pump provides water for the top floor flat only and the officer was fully aware of this and that the noise emanates from under the floorboards and not through my wall.
I am currently following the formal complaint process and have recently received their 2nd stage response from the Head of Service. I have further concerns that the correct legislative process was not followed and the lack of candor received to date from the 1st and 2nd stage responses.
I would appreciate any advice of the next steps that I could take to finally resolve this issue that has plagued me for over 5 years now.