The Environmental Protection
Team of Forest Heath District Council receives complaints from
residents experiencing unacceptable problems from neighbouring
properties. A statutory nuisance is the unacceptable interference
of the personal comfort of a person’s property due to the
activities of an occupier of another property.
There are nine categories of nuisance contained in the
Environmental Protection Act 1990. These include: the state of
premises; smoke emissions; fumes or gases from dwellings; effluvia
from industrial, trade or business premises; accumulations or
deposits of waste, animals; noise from premises, noise from
vehicles or equipment in a street and other matters declared by
other Acts to be a statutory nuisance. Insects and artificial light
are two new statutory nuisances that have been in introduced under
the Clean Neighbourhoods and Environment Act 2005.
For detailed information on:
Follow the links above or on the green menu to the right for
more detailed information on these subjects.
Contact Us
For more information please contact the Environmental Protection
Team on:
Tel: 01638 719733 Fax: 01638 719357
Email:
enviroprotection@forest-heath.gov.uk
Post: Environmental Services, District Offices, College Heath Road,
Mildenhall, Suffolk, IP28 7EY
Overview
If you make a complaint we shall respond to you within three
working days either in writing, visiting or by telephone. You will
then be able to contact the investigating officer to discuss your
complaint. Your complaint shall be dealt with confidentially. We
shall inform the occupier of the premises where the problem is
alleged to arise about the complaint as this approach can resolve
complaints informally. If this approach does not resolve your
complaint an officer shall visit in an attempt to witness the
problem. We shall inform you of the progress of your complaint
throughout our investigation.
If a complaint is made against you we shall write to inform you and
offer advice on how you can resolve the problem.
We act impartially when investigating statutory nuisance
complaints. If during our investigation unacceptable levels of
disturbance are witnessed causing a statutory nuisance an abatement
notice is served on the person responsible. The notice requires
them to abate the nuisance. If a statutory nuisance continues
after notice has been served the Council can consider further
enforcement action, including prosecution proceedings in the
Court.
FAQs
Q: Should I speak to the occupier of
the property where the problem is occurring?
A: You do
not have to speak to the person. If you feel it could help resolve
your complaint then it might be worthwhile. If your approach is not
successful and you continue to be bothered by the problem you
should contact us.
Q: How can I help with my own complaint?
A: If you are
being bothered by a problem, for example noise, you should keep a
written record of the times you are disturbed. We may provide you
with forms, depending on the type of your complaint, so that you
may record the times you experience the problems. The investigating
officer may have to make a number of visits to your property to be
satisfied that the problem causes a statutory nuisance. You should
be prepared for investigating officers to visit you at your home
when they carry out monitoring in an attempt to witness the
problem.
Q: I have had a complaint made against me. What should I
do?
A: You may not have been aware that you were causing
a problem. You could try and help by making sure your activities do
not cause unacceptable problems to anybody else. If you have
concerns on being informed of a complaint you can contact the
investigating officer to discuss the matter.
Q: What are the common things complained about?
A: Noise
is a common complaint particularly loud music and constant dog
barking. We also receive a number of complaints each year about
smoke from people burning rubbish.
Q: What happens if the problem causes a statutory
nuisance?
A: If the Council is satisfied that a statutory
nuisance exists it may serve an abatement notice under section 80
of the Environmental Protection Act 1990 on the person responsible.
This notice requires the recipient to either prohibit or restrict
the nuisance. A notice contains conditions and if they are breached
the person on whom the notice was served commits an offence for
each breach. If an abatement notice is breached the Court can
impose fines on a person found guilty of an offence.
Q: What should I do if the Council serves a notice and the problem
continues?
A: You should contact the investigating
officer. Warning letters are sent out to a person responsible if
allegations are received that they are breaching the conditions of
an abatement notice. If the nuisance continues the investigating
officer may carry out visits to try and witness the nuisance. If
breaches are witnessed the Council would consider further
enforcement action, including prosecution proceedings.