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Hi PatriciaSC and drshelley,
Hang in there, the CTTT path can bear fruit. I have had the orders to fix the floor above reissued by the tribunal, however several weeks have now ticked by and the owner has been very quiet. He is rapidly running out of time to comply yet again.
As for acoustic testing. By-Law 14 is a subjective test whereby the tribunal determines whether the noise is “likely to disturb the peaceful enjoyment of a lot”. There is no mention in the by-law that I can see that refers to a “measure” or refers to the BSA standards. If you get acoustic testing done it will be costly and can go in your favor, but may not. If the tribunal member takes the view that just meeting the BSA standards will satisfy By-Law 14 then you may have to put up with impact noise that is could be “clearly audible” and thereby may backfire on you. I would suggest getting Statutory declarations from as many visitors as you can attesting to the disturbing quality and frequency of the noise. Keep timely and detailed logs as well. This is what I did in the end and the tribunal issued orders to fix the issue if transmission of impact noise
Keep us all posted on how you go
Good luck!!