Pollution and nuisance

Part 3 of the Environmental Protection Act 1990 requires us to take reasonable steps to investigate and, if appropriate, to take formal action in the event of justified complaints of statutory nuisance. A Statutory Nuisance in this context can include emissions of smoke, fumes or gases, dust, steam, insects and light. The emissions must arise from premises and must materially affect the use or enjoyment of other premises.

Typical of complaints of this type are smoke and ash from garden bonfires, smoking chimneys, dust from building and demolition activity and cooking smells from restaurants. If satisfied that a complaint of statutory nuisance is justified, an Abatement Notice can be served upon the person(s) responsible, occupier or owner of the premises (as appropriate) requiring that the nuisance be abated.

Odour Nuisance

The council has a duty under the Environmental Protection Act 1990 to investigate and take action, where necessary, to deal with odour causing a statutory nuisance.

Light nuisance

Certain types of artificial light, if improperly sited or used, could give rise to statutory nuisance.