Last Modified November 25, 2022
We can take action in certain cases if you are affected by a statutory nuisance.
What is a statutory nuisance?
A statutory nuisance can include emissions of smoke, fumes or gases, dust, steam and smell, as well as noise.
The nuisance must be coming from a premises and must materially affect the use or enjoyment of other surrounding premises.
What types of complaints do we deal with?
Apart from noise, typical pollution complaints are around smoke and ash from garden bonfires, smoking chimneys, dust from building and demolition activity and cooking smells from restaurants or commercial premises. Unfortunately, we cannot deal with cooking smells from domestic properties.
How can you report something?
Call us on 020 8207 7435 during office hours, or use our out of hours service. Alternatively email firstname.lastname@example.org
What will we do?
We will take reasonable steps to investigate and, if appropriate, take formal action.
How does this work?
It does depend on the complaint, but generally we investigate to assess the situation and/or ask whoever has made the complaint to monitor the problem. You may be asked to complete a diary of the incidents affecting you over a period of a few weeks to give us an overview of the issue.
If we find a statutory nuisance is being, or is likely to be, caused we will serve an Abatement Notice under the Environmental Protection Act 1990. This requires the person responsible / the occupier or owner of the premises (as appropriate) to stop the nuisance.
Failure to comply with an Abatement Notice is an offence and may result in legal action.
What are the fines?
If you are found guilty of breaching an abatement notice you could receive an unlimited fine, the amount is set by the court and differs depending on the circumstances of the individual case.
We can also issue a Fixed Penalty Notice (FPN) if you are found to be responsible for noise in excess of the permitted level between 11pm and 7am.
Part 3 of the Environmental Protection Act 1990
The Noise Act 1996 (as amended by the Anti-social Behaviour Act 2003)