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.