Planning & Environment!Planning & Environment
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
You can use our online form to complain about a statutory nuisance or contact Environmental Health on  01270 537416.
 
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:
 
Are you creating a noise nuisance
 
Neighbour Noise Nuisance
 
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
 
http://www.defra.gov.uk/environment/noise/index.htm
 
http://www.nsca.org.uk/pages/topics_and_issues/noise_sources.cfm
 
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
 
Bothered by Bonfires
 
http://www.nsca.org.uk/pages/environment_facts/garden_bonfires.cfm
 
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
 
http://www.uksmokecontrolareas.co.uk/
 
http://www.nsca.org.uk/pages/environment_facts/domestic_fires.cfm
 
 
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
 
http://www.nsca.org.uk/pages/topics_and_issues/light_pollution.cfm
 
 
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.