Printer friendlyPollution Control - Penalty Notices
Under the Environmental Protection Act 1990 District Councils are required to take reasonable steps to investigate and, if appropriate, serve a notice in the event of a justified complaint of statutory nuisance.
Statutory Nuisance is defined within the act and in this context includes emissions of smoke, fumes or gases, dust, steam and smell. The definition further requires that the nuisance from one premises materially affects the use of, enjoyment or health of the occupier(s) of another 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. The legislation does not allow us to deal with complaints of smells arising from domestic premises.
If satisfied that a complaint of statutory nuisance is justified, an Abatement Notice will be served upon the person responsible, occupier or owner of the premises (as appropriate) requiring that the nuisance be abated. Failure to comply with an Abatement Notice is an offence and legal proceedings may result. If found guilty of an offence of this type then the offender may be liable for a fine or imprisonment.
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