Nuisances - Noise, Smoke, Odour, Accumulations etc.
- What can I do if I am affected by nuisance?
- Mediation
- How can the Council help with my complaint about nuisance?
- How can I take private action?
- In addition to excessive noise/smoke/odour/accumulations I am experiencing other aspects of anti-social behaviour. Is anyone able to tackle these issues together?
What can I do if I am affected by nuisance?
If you believe that you are affected by excessive noise, smoke, odour, or an accumulation of waste, then you may wish to consider politely speaking or writing to the person or organisation responsible. Although you might find this difficult, it is surprising how often they are unaware of the distress they are causing. Approach the matter carefully if you think your neighbour may react angrily to your complaint. If you are able to resolve the situation in a friendly manner it may avoid souring neighbour relations. If you feel that you cannot approach the person or organisation responsible, or your approach has been unsuccessful then please contact Customer Services on 08452-304040 or 01462 611 222, or at Customer.Services@midbeds.gov.uk
Please click here if you would like to make a complaint or request a service on-line
Mediation
You may wish to use mediation services to resolve problems you are experiencing, particularly if we are unable to pursue a complaint further due to difficulties in proving the existence of a statutory nuisance. If this option is of interest to you then you may wish to contact the following organisations:
Mediation UK
Alexander House
Telephone Avenue
Bristol
BS1 4BS
Tel: 0117-9046661 Fax: 0117-9043331
Email: mediationuk@mediationuk.org.uk
Luton Mediation
6 Cardiff Road
Luton
Beds.
LU1 1PP
Tel/Fax: 01582-411822
Email: lutonmediation@ic24.net
Website: www.lutonmediation.org
How can the Council help with my complaint about nuisance?
Environmental Services can take action under Section 80 of The Environmental Protection Act 1990 in cases where noise, smoke, odour, accumulations etc constitute a statutory nuisance. Whether or not a statutory nuisance exists depends on several factors, including, the severity, duration, frequency, and whether it would interfere with the “average” person's reasonable enjoyment of their property.
Upon receipt of a complaint the investigating officer will write to the person or organisation advising them of the complaint, requesting their co-operation and reminding them of their legal obligations. The officer will provide you with information explaining the law and our procedures and ask you to complete and return a diary sheet, giving details of when the problem occurs, how long it lasts, and how it affects you. This information is useful for predicting when an officer may witness the nuisance and for providing valuable evidence in court should formal action be necessary.
When you return the diary sheet, the officer will examine the entries to determine whether a statutory nuisance is likely to exist. If appropriate, further investigations will be carried out. Should this result in obtaining sufficient evidence of the existence of a statutory nuisance then an Abatement Notice is usually served on the person(s) responsible. If after this you feel that the problem remains unresolved then we will attempt to gather further evidence to establish whether the notice has been complied with. If the evidence clearly demonstrates non-compliance with the notice, we may take court action against those responsible. Please remember at this stage you and/or other witnesses would be required to give a statement and appear in court.
How can I take private action?
The assessment of nuisance may present practical difficulties for the Local Authority where it is intermittent, irregular or unpredictable. In these circumstances it is not always possible for the Local Authority to be satisfied (as required by Section 80 of the Environmental Protection Act 1990) that the nuisance exists or is likely to occur or recur.
Section 82 of the Environmental Protection Act 1990 enables an occupier of any premises aggrieved by a nuisance to make a complaint direct to a Magistrates Court and request the issue of a Summons.
- Firstly you should, if possible, discuss the matter with the person responsible for the nuisance.
- If this fails, write to the person explaining the problem, make sure that the letter is dated and keep a copy.
- If the problem persists, gather all the information you need to present to the Court. The strength and detail of the evidence submitted is very important. You need;
- Copies of any correspondence;
- The full name and address of the defendant; and
- A detailed record of the dates and times when the nuisance occurs (recorded at the time that it happens if possible), including a good description of how the nuisance affects you, e.g. Interrupting sleep or watching TV etc.
In order to take action under Section 82, a Summons must first be issued requiring the person against whom you wish to complain to appear in Court. Issuing of a Summons is done by the local Court concerned.
Go to the Court Office and explain that you want a Summons served under Section 82 of the Environmental Protection Act 1990. A member of Court staff will then guide you through the relevant procedures. You should be able to produce evidence of nuisance as detailed above to show the Magistrates that you have an arguable case.
If you have an arguable case you will be given a time and date for the hearing of the case. A Summons will be issued and served on the defendant. A small charge will be made by the Court for the issue of a Summons.
Continue to keep a written record of evidence to be taken with you to Court on the date of the hearing.
You do not need a solicitor, although it should be borne in mind that the defendant may employ a solicitor.
It should be borne in mind that you may be liable for costs if your action does not succeed.
If you are a Mid Beds resident then the relevant Magistrates Court is:
Bedford & Mid Beds Magistrates Court
3 St Pauls Square, Bedford
If you take action under Section 82 of the Environmental Protection Act 1990 then you will need to prove “beyond reasonable doubt” that a nuisance exists, as this is criminal law. An alternative to this may be to take civil action in the County or High Court to stop a nuisance. As this would be civil law where you only have to prove “on the balance of probability” your chances of success may be greater, however, civil action may be costly and therefore it may be advisable to consult a solicitor in the first instance.
