Nuisance Our Enforcement Powers

The Environmental Protection Act 1990 Part III requires the Council to investigate allegations of statutory nuisance. The following will be considered by the Council when investigating an alleged statutory nuisance:

• the nature of the nuisance;
• the source and reason for the nuisance;
• the frequency and duration of the nuisance;
• the effects on the residents; and
• the available remedies

There may be a statutory nuisance if it "interferes materially with the well being of the residents, that is, affect their well being, even though it may not be prejudicial to health". If the effect on others is found to be frequent and severe enough to be a statutory nuisance the Council will require the person responsible to take corrective action.

How can I make a complaint?

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 happy to co-operate 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.

Taking private action

Sometimes it is not possible for a local authority witness to be present when a nuisance being complained of. This may mean that the local authority may not be in a position to take action on behalf of someone who has made a complaint.

If this happens you can take independent action by complaining direct to the Magistrates' Court under section 82 of the Environmental Protection Act 1990. This is quite simple and need not cost much; you do not need to employ a solicitor, but it is advisable to obtain some legal advice. The complainant must notify the person responsible that court action is intended. A person may also take their complaint to the Magistrates Court if the nuisance is likely to recur.

What to do

Before you approach the Court you should have written to the person/s that are causing the nuisance asking them to stop causing the nuisance by a certain date (eg two weeks), letting them know that you will complain to the Magistrates' Court if the nuisance does not stop. Keep a copy of all correspondence with them. If the nuisance maker ignores either a written or verbal request by you, contact the Justices' Clerk's Office at the Magistrates' Court explaining that you wish to make a complaint under section 82 of the Environmental Protection Act 1990.

The Clerk of the Court should be able to advise you further. You must give at least three days' notice of your intention to complain to the Magistrates' Court to the person considered responsible for the noise. The notice should provide details of the complaint and may be delivered by hand or by post.

You need to prove to the Magistrate, beyond reasonable doubt, that the nuisance you are complaining about amounts to a nuisance. The diary you keep will be important evidence. Although the law says that only one person needs to be affected for there to be a nuisance, in practice the evidence of other witnesses will strengthen your complaint.

How to contact the court

Staines Magistrates' Court
The Law Courts
Knowle Green
Staines-upon-Thames
TW18 1XH

DX 98045 Staines 2
Telephone number - 01784 895500

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.