Pollution control nuisances
In the event of a justified complaint of statutory nuisance such
as emissions of smoke, fumes or gases, dust, steam or smell, an
abatement notice will be served upon the person responsible by the
local authority.
What is a Statutory Nuisance?
Statutory nuisance is nuisance that is identified under specific
law, the other types of nuisance not covered by statutory nuisance
are public nuisance and private nuisance.
Part III of the Environmental Protection Act
1990
EPA
(as amended by the Noise and Statutory Nuisance Act 1993) contains
the main legislation on statutory nuisance and enables local
authorities to take action to abate statutory nuisance.
The following are some of the areas defined by Section 79 of the
EPA as statutory nuisances:
- smoke emitted from premises so as to be prejudicial to health
or a nuisance;
- fumes or gases emitted from premises so as to be prejudicial to
health or a nuisance (from private dwellings only);
- dust, steam, smell or other effluvia arising on industrial,
trade or business premises and being prejudicial to health or a
nuisance; and
- noise emitted from premises so as to be prejudicial to health
or a nuisance.
Action by the Local Authority
Where the local authority is satisfied that a statutory nuisance
exists, or is likely to occur or recur, it must serve an abatement
notice on the person responsible for the nuisance.
Failure to comply with the terms of an abatement notice without
reasonable excuse may result in prosecution in the Magistrate’s
Court.
Action by Individuals
Action to abate a statutory nuisance may also be taken by an
individual. The individual must provide evidence to a Magistrate’s
Court that nuisance exists or is likely to recur. Before action can
be taken, the complainant must notify the person responsible for
the alleged nuisance that they intend to take the matter to
court.
Smoke Chimney Fires
This Service can take action with regard to smoke from chimneys
under the Clean Air Act 1993 and the Environmental Protection Act
1990. Dark smoke from chimneys of any industrial building is
prohibited. Restrictions are also in place for private dwellings
where they are located in a Smoke Control Area; this requires
smokeless fuel to be burnt. However there are certain fires that
are exempt from these restrictions. Contact the Pollution Team for
further information.
Bonfires- Domestic
There is no law restricting when you can have a domestic
bonfire. It is important however, to ensure a bonfire is carried
out in a responsible way and with consideration to others. This
Department can take action if the bonfire is proven to be causing a
Statutory Nuisance under the Environmental Protection Act 1990.
Some factors that affect whether a bonfire is likely to be a
statutory nuisance include:
- regularity (how often bonfires are taking place);
- the size of the bonfire;
- the amount of smoke being produced;
- the duration (how long the bonfire is burning for);
and
- the proximity to neighbouring properties.
To avoid causing problems with your bonfire, try to
follow the following points:
- warn your neighbours before you have a bonfire;
- avoid burning: - when it is windy - when air quality is poor or
very poor;
- never burn: - rubber tyres - painted objects - anything
containing plastic or foam;
- never use engine oil, meths or petrol to light a fire or keep
it going; and
- do not leave a fire unattended or leave it to smoulder. Douse
with water if necessary.
In order to be a statutory nuisance the bonfire must be
affecting the use or enjoyment of other properties.
How to get rid of rubbish without burning
it
- composting;
- recycling; and
- special collection (arranged by Street Scene Services).
Trade/Industrial
The burning of trade waste is an offence; all waste should be
taken to a licensed disposal site or collected by a licensed
carrier. In addition, burning of materials causing dark smoke is a
strict offence under the Clean Air Act 1993.
Odour/Dust
The Environmental Protection Act 1990 also covers fumes, gases
etc., emitted from premises that are prejudicial to health or a
nuisance.
In some cases odour caused by spreading on agricultural land can
be reduced. Farmers do need to spread, so some odour is to be
expected. However, farmers must work in line with their code of
practice.
Both odour and dust cannot be measured; the chemicals which
cause odour are usually of low levels and not harmful to health.
Also sensitivity to odour can vary significantly between
individuals. Odour can be dealt with under the Environmental
Protection Act 1990.
For further information contact Health and Environment on
01653 600666 ext. 256, 257 or 351.