Report an issue with noise, smoke, smells or light
Dealing with your complaints
After getting your complaint we will:
- Provide you with information explaining the law and our procedures
- Ask you to complete and return a diary giving details of when the problem occurs and how it affects you (this information is useful for determining the extent of the problem and to identify when it may be possible to witness the nuisance)
- When the diary sheet is returned we will examine the entries to determine whether a statutory nuisance exists.
- If appropriate, further investigations will be carried out such as writing to the person or organisation advising them of the complaint
- Should it be determined that a statutory nuisance exists an abatement notice legally asking them to stop causing the nuisance is usually given to the person responsible
If following this, the problem continues we will attempt to collect evidence to show a breach of the legal notice, and if proven we can take them to court. At this stage you and other witnesses may be required to provide a statement and give evidence in court.
Taking private action on an issue
If we cannot gather enough evidence to take action you can take private action against the person responsible for causing the nuisance.
If you take action under Section 82 of the Environmental Protection Act then you will need to prove ‘beyond reasonable doubt’ that a nuisance exists, as this is criminal law. An alternative is to take civil action in the County or High Court to stop the nuisance - as this is civil law you only have to prove ‘on the balance of probability’.