Nuisance and Black Smoke from Commercial Premises

 

What can I do if I am affected by a nuisance from a business?

If you believe that you are affected by a nuisance 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 disturbance they are causing. Approach the matter carefully if you think that there may be an angry reaction to your complaint. In some cases it is not practicable to adopt this approach, and if this is the case or your approach has been unsuccessful then please contact Customer Services on 01462 611222 or 08452 304040.

How can the Council help with my complaint about commercial nuisance?

If the informal approach does not work or is not appropriate, you can contact the council on 01462 611222 or 08452 304040 to ask for your complaint to be investigated to assess whether the issue constitutes a statutory nuisance. It is our aim to respond to requests for service about nuisance within 3 days.

Please contact us if you would like to make a complaint or request a service

We have set out a series of Service Standards relating to the work carried out by Environmental Services. If you would like to view these then please click on the appropriate download.

Environmental Services can take action under Section 80 of The Environmental Protection Act 1990 in cases where a statutory nuisance is identified. Whether or not a particular issue constitutes a statutory nuisance depends on several factors. For example, in relation to noise the investigating officer would take into account the loudness, the duration of the noise episodes, how regularly they occur, and whether they would interfere with the “average” person's reasonable enjoyment of their property. Additionally, businesses have a defence against action for some categories of nuisance if they can prove that they used the best practicable means to prevent the nuisance.

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 may ask you to complete and return a diary sheet, giving details of when the nuisance 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. The Court (and therefore the Council) has to be satisfied that the problem is an unreasonable and substantial interference with the enjoyment of your property.

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;
• 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.    

What do I do if I see black smoke arising from commercial premises?

If a business burns material giving rise to black smoke, this is usually an immediate offence and we need to know about it. Please contact the Council on 01462 611222 or 08452 304040. An officer will attempt to witness the offence and will then take appropriate action to require a cessation of the burning and, if appropriate, to institute legal proceedings. It is our aim to respond to requests for service about black smoke within 24 hours.  

Are there any other controls relating to emissions from industry?

Emissions from industry are regulated in a number of ways including the following:  

LAPC (Local Air Pollution Control) 
LAPPC (Local Authority Pollution Prevention and Control) 
IPPC (Integrated Pollution Prevention Control) 
LA-IPPC (Local Authority Integrated Pollution Prevention and Control)          
Please click here for further information on the Regulation of Industry