Nuisances may arise from premises, smoke, fumes, dust, smell, artificial light or accumulations from waste. Below you will find advice on the law surrounding garden fires and information on Industrial and Commercial fires, Odour and Fumes, Agricultural Odours and Artificial Light.
Only when the noise or nuisance becomes unreasonable due to frequency or duration and interferes with the use and enjoyment of your property can it be classed as a ‘statutory nuisance’ and the Council have powers to take action. Noise in particular only becomes a statutory nuisance when it affects your ability to use your own property in the way you normally would, for example, prevents you from sleeping or you have to turn up the volume of your television to hear it.
Before we can take any formal action, we have to be satisfied the noise or nuisance is significant enough to be a statutory nuisance.
What can you do?
In the first instance it is better to talk to the person and explain the problem. You may find that it can be resolved amicably and without the need for further action as they may not be aware of the problem. This has the additional benefit of avoiding the tensions that can arise after formal intervention by the Council. Approach the matter carefully if you think your neighbour might react angrily to a complaint.
If you are disturbed by noise from industrial or commercial premises or a building site, try visiting to speak to the site Manager. They may not be aware that there is a problem and maybe able to resolve it.
What powers does the Council have?
The Environmental Protection Act 1990 gives powers to deal with a statutory nuisance which includes:
- Noise from premises, vehicles (but not road traffic), machinery or equipment in a street.
- Premises in such a state as to be prejudicial to health or a nuisance.
- Smoke or fumes from domestic or industrial premises; garden fires or chimneys
- Dust, steam, smell or other effluvia emitted from industrial trade or business premises, but not a domestic premises.
- Artificial light
- Accumulations or deposits such as domestic refuse, dog faeces etc.
The council cannot take action in the following circumstances:
- The issue or noise is not determined as being a statutory nuisance, this is much more than being annoying.
- Noise between properties is due to poor insulation so that reasonable noise from normal activity can be heard.
- An individual person is more sensitive or less tolerant to noise, smoke, odour or light..
- Normal traffic noise.
- Reasonable activities or behaviours such as cooking or smoking odours from domestic properties.
Making a Complaint
For a complaint to be taken for investigation you must-
- provide us your name and address - we cannot investigate anonymous complaints,
- know the specific address of where the problem is coming from,
- complete and return a witness statement diary with detailed information of times, dates and a description of how you are being affected, and
- be prepared to go to court if needed.
The actions of the Council, as a result of your complaint, may result in a legal action in the courts. Because of this, it is not possible for us to ensure that you can remain anonymous throughout the investigation. Every effort will be made to ensure that your identity is only revealed when it becomes absolutely necessary.
The law is extremely complex and each case is individually assessed to establish whether the problem is sufficiently severe as to warrant legal action. The Department of Environment, Food and Rural Affairs provides further information on the law and how councils deal with noise nuisance complaints.
Noise nuisances: how councils deal with complaints - GOV.UK
