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Statutory nuisance
The enforcement powers of Spelthorne Borough Council

Environmental Protection Act 1990 Part III
This Act requires the Council to investigate allegations of statutory nuisance.  If the effect on others is found to be severe enough to be a statutory nuisance the Council will require the person responsible to take corrective action.

Complaints procedure

Complaints may be received by letter, phone, or e-mail. No details of the complainant would be passed on to the persons responsible.  However, if the case went to Court then the complainant may need to give evidence and their details would then also be disclosed.

Once a complaint has been made, the persons responsible are notified. In many cases, they are not aware they are causing a problem and are only too happy to cooperate with any suggestions the Council makes.

If the problem continues, in order to support the Council’s investigations, the complainant may be asked to keep a record for 21 days of the dates, times, and duration that the problem occurs. This record must be a true account as it may be used as evidence in Court.

If further investigation finds that a nuisance is being caused then an abatement notice may be served upon those persons causing the nuisance.

For information on types of statutory nuisance please click on the following links:

Property conditions
Smoke*
Dust / Fumes / Gases
Odour
Light
Deposits on land
Animals kept in such a manner as to be prejudicial to health or a nuisance

Noise from a premises
Noise from a vehicle, machinery or equipment in a street

*Some instances of smoke emissions cannot be dealt with under statutory nuisance as they come under the Clean Air Act 1993.

This includes musical instruments, loudspeaker tannoys, loudhailers, radios and “ghetto-blasters”.

Private action

A person may also take their complaint to the Magistrates Court if the nuisance is likely to recur.

The complainant must notify the person responsible that court action is intended.

If proved the Court will serve an abatement order and may also prohibit recurrence of the nuisance. Failure to comply with this is an offence.