The role of an expert witness is to provide the results of noise measurements, predictions and assessment, as required, in a form which is understandable to the decision maker (a planning inspector/reporter or judge). In the case of some planning hearings or criminal cases where a jury is involved, evidence must also be understandable to members of the public. In all instances, an expert witness has a duty to the decision maker to provide a complete and impartial response to questions raised relating their area of expertise. Professional integrity is therefore of the utmost importance and a core value of Hayes McKenzie as a company. Expert evidence can include identification of any discrepancies or errors in the noise evidence of the ‘other side’ although it is often preferred that experts prepare joint statements of common ground to try and avoid technical arguments playing out during hearings. Presentation of evidence at a hearing often involves answering questions, which can be quite adversarial, from the other side’s legal team and, in the case of a planning appeal, members of the public.
Expert evidence in the form of reports and/or aural evidence on a witness stand can be supplied to assist with planning appeals; challenges to planning decisions; nuisance claims; compensation under part 1 of the LCA 1973; and many other instances where expertise in acoustics are required to assist a decision maker.
In the case of a refusal of planning consent, the would-be developer may decide to appeal against the decision by the planning authority, or other body, which may, in turn, lead to a Public Inquiry (Public Local Inquiry) or Public Hearing. In such cases, the developer and the planning authority may each need to appoint an 'expert witness' to prepare and present evidence on any noise issues arising from the proposal and to face cross-examination from the opposing side’s legal representative. At the highly contested Den Brook Wind Farm appeal we worked for the developer, Renewable Energy Systems, and at the controversial Lancashire Shale Gas Exploration site we worked for the planning authority, Lancashire County Council.
Following a decision by a planning authority, or following an appeal, there is opportunity for either side to contest the decision in court via a Judicial Review or Statutory Challenge, respectively. Where noise forms a significant part of this process, expert evidence on noise may be required, which we can provide. An example of our work in this area is described in the case of Grieves vs Boston Borough Council.
In the case of alleged noise nuisance caused by operations at an existing commercial development or activity at a private residence, we can provide expert evidence to assist a magistrate or judge in coming to a decision. Noise nuisance can come into question within a variety of legal contexts, sometimes as a small part of a wider injunction but it is most commonly investigated and brought to trial through the legal framework of statutory nuisance.
There are many other occasions where an acoustics expert may be required to give evidence in court, such as in cases of noise induced hearing loss from industrial noise exposure, disputes over the adequacy of sound insulation provided by party walls between premises, and where acoustics evidence is used in criminal proceedings. Our experienced consultants are able to provide evidence relating to all aspects of acoustics. An example of our work in a more unusual context is described in the case study relating to a contempt of court claim.
If you would like more information and advice, please contact us.