Statutory nuisance, waste and problems with gardens

We want to make sure North Lincolnshire is a safe, green and clean place to live. Sometimes the actions of other residents can affect your enjoyment of your property or neighbourhood. If you are affected by waste in your neighbour’s garden, we can help.

To report a problem garden or property, please email us at environmental.health@northlincs.gov.uk. You will need to attach a photograph of the issue you are complaining about along with the address it relates to.

For example, if you want to complain about waste or dog faeces in your neighbour’s garden, please email us on environmental.health@northlincs.gov.uk and include:

  • A photograph of the garden and the issue
  • The address of where the problem is
  • How it affects you

If we find that we need to take action against your neighbour or the person you are complaining about, we have various options available to us.

These options include:

  • Abatement Notices (for statutory nuisance)
  • Community Protection Notices (for issues which are not defined as statutory nuisance)
  • Informal action

If we find that a problem garden is a statutory nuisance, we will usually serve an Abatement Notice. We have power to deal with statutory nuisance in this way under Section 79 of the Environmental Protection Act 1990. Once the Abatement Notice has been served, any further “breaches” (recurrence of waste) of the Notice are a criminal offence, making the person liable to prosecution.

If the problem cannot be dealt with as a statutory nuisance, we may be able to serve a Community Protection Notice.

Community Protection Notices are issued in accordance with the Anti-Social Behaviour, Crime and Policing Act 2014. Notices will always be preceded by a formal written warning (a Community Protection Warning). These usually give the person they are served on a fixed period of time to do something – for example, make improvements to a garden.

Breaches of Community Protection Notices can be dealt with via Fixed Penalty Notices (fines) and/or prosecution.

If you live in a property owned by Ongo Homes, or the neighbour causing a nuisance lives in an Ongo property, you must report your concerns to them first. If further action is needed, the Housing Officer will refer the complaint to us for action.

To make a complaint, you can either visit the Ongo website or call Ongo on 01724 297700.