Part III of the Environmental Protection Act, 1990 requires councils to take reasonable steps to investigate and, if appropriate, take formal action on justified complaints of statutory nuisance.
Section 79 of the act states that the following matters constitute 'statutory nuisance':
- Any premises in a state that is prejudicial to health, or a nuisance
- Smoke emitted from premises that is prejudicial to health, or a nuisance
- Fumes or gases emitted from premises that is prejudicial to health, or a nuisance
- Any dust, steam, smell or waste matter arising on industrial, trade or business premises that is prejudicial to health, or a nuisance
- Any accumulation or deposit that is prejudicial to health, or a nuisance
- Any animal kept in a place or manner that is prejudicial to health, or a nuisance
- Noise emitted from premises that is prejudicial to health, or a nuisance
- Any other matter declared to be a statutory nuisance.
If the council finds that a complaint of statutory nuisance is justified it will issue an abatement notice. This will be served on the person responsible, the occupier or owner of the premises (as appropriate). The notice orders them to stop the nuisance.
Failure to comply with an abatement notice is an offence. It may result in legal proceedings. If found guilty of an offence of this type the maximum fine is £20,000 and/or six months in prison.
The council's Environmental Protection team deals with nuisance from commercial premises and its Public Health team deals with nuisance from domestic premises (see further details below)
The council investigates the following matters:
- Noise from pubs, clubs and business premises including bird scarers on agricultural land
- Smoke from commercial bonfires
- Odour from commercial premises including agricultural odours
- Dust from commercial premises. But not operating landfill sites or waste transfer stations - the Environment Agency regulates these.
For all commercial nuisances please contact the council's Environmental Protection team.
Telephone: 01724 297617 (Monday - Thursday 8.30am - 5pm and Friday 8.30am - 4pm)
Fax: 01724 297898
Email: environmental.health@northlincs.gov.uk.
During other times an emergency number can be found on the contact us section of the website.
Construction information
Noise
There is no legal requirement for construction sites to work specific hours. When we receive complaints about commercial noise, we usually talk to the site manager. We advise them that working before 7am and after 5pm is likely to generate complaints. These are especially likely if the work is of a noisy nature, for example, a generator running at 6am or demolition taking place at 8pm. We would also advise against working on Sundays and bank holidays, and restricting Saturdays to a half day starting a little later than usual.
Guidance on best practice for construction sites can be found in BS 5228 'Noise and Vibration Control on Construction and Open Sites'.
Occasionally, a construction company may work anti-social hours. This can be arranged by advising the council in advance that work must be carried out to ensure completion of a task. This could be having to work on a major road during the night to help reduce traffic congestion during the day. You must notify the council in writing at least three weeks before the work is due to start. This allows us to check that all appropriate noise control measures are in place.
Smoke
Generally speaking, we will visit a construction site to:
- Discuss how the fire started
- Advise the site manager on his 'duty of care' with regard to his waste.
Burning is not an option, although some sites may have applied for an Exemption Certificate from the Environment Agency. This does not, however, make them exempt from:
- Causing a statutory nuisance under Section 79 of the Environmental Protection Act, 1990
- Committing an offence under the Clean Air Act, 1993.
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Advice on commercial bonfires and copies of the above document can be obtained from the Environmental Protection team on 01724 297617.
The council investigates the following matters:
- Noise from domestic premises, such as neighbours/barking dogs
- Smoke from domestic bonfires
- Odour from domestic premises including odour from animals.
- Flytipping
- Abandoned vehicles
For all domestic nuisances please contact council's Neighbourhood Response team.
Telephone: 01724 297000