Control of
Statutory Nuisance
Section 79 of the Environmental Protection Act 1990, lists all
issues which can be dealt with as a statutory
nuisance. These are:
- Noise
- Dust & Odour (not from domestic premises)
- Smoke
- Light
- Insects
- Accumulations and Deposits
The team will investigate complaints involving allegations of
a statutory nuisance. As part of the
investigation officers will take in to account the frequency,
duration and time of the nuisance, therefore, if the nuisance is a
one off or infrequent event it is not likely to be classed as a
statutory nuisance. If an officer is satisfied
that a complaint is justified a Statutory Nuisance Abatement Notice
will be served on the persons responsible, occupiers or owners of
the premises. This will require them to stop
causing the nuisance and failure to comply with the notice may
result in prosecution in the Magistrates Court.
On-line Service
If you require additional
diary sheets (If you have not
already complained to Environmental Health please do so before
completing the diary sheet).
Noise
This Service investigates complaints about noise arising from
a range of different premises such as neighbours, commercial,
licensed premises and construction/demolition
sites.
Neighbours - This
includes constantly barking dogs, loud music, DIY, house and car
alarms, shouting and noise from general household
activities.
For more information please see the the leaflets
below:
Commercial - This
includes noise from any business premises such as offices, shops,
factories, warehouses etc.
Licensed Premises - This
includes noise from music and other activities from pubs, clubs and
restaurants.
Construction and Demolition -
This includes sites ranging from a single domestic house to
large construction sites. In general these sites
are permitted to work between 8am to 6pm Monday to Friday and 9am
to 12 noon on Saturdays. It may be necessary for
occasional work to be undertaken outside of these hours but this
should be agreed with Environmental Health.
For more information please go the the links below
Dust and Odour
The Environmental Protection Act 1990, only allows statutory
nuisance action to be taken where complaints relate to dust or
odour coming from an industrial, trade or business premises.
Therefore, we are not able to investigate
complaints of odour from cooking coming from a neighbouring
house.
Smoke
Bonfires - There is no requirement preventing
people having bonfires providing any smoke generated does not cause
a nuisance to local residents. As stated above
if smoke from a bonfire does cause a frequent nuisance contact
Environmental Health.
For more information see links below
Dark Smoke The Clean Air Act 1993 prohibits
the emission of dark smoke from any industrial, trade or business
premises (this includes construction/demolition sites, farms
etc.).
Smoke Control Areas Smoke control areas only
prohibit smoke from a chimney and NOT from
bonfires, which is covered by nuisance as mentioned
above. Within Crewe there are a number of smoke
control areas, to find out if your property is in such an area
contact Environmental Health.
For more information please see the link below
In 2006 the law was amended to include artificial light as a
statutory nuisance. This change is aimed at the
intrusion of over bright or poorly directed lights onto
neighbouring property such as inconsiderately directed security
lights which shine in to bedroom windows. If you
are having problems with such a light please contact Environmental
Health.
For more information please see the link below
In 2006 the law was amended to include insects as a
statutory nuisance. This covers insects from
premises such as poultry houses, farm buildings and some
agricultural land, sewage treatment works and various other
commercial premises as defined in the legislation.
Accumulations &
Deposits
Where rubbish and other material is deposited or allowed
to accumulate on private land so as to cause a nuisance to local
residents. This does not include items flytipped or gerenal
household such as fridges, sofas and other furniture.