Pollution Control - Nuisances
The Environmental Protection Act 1990 requires Basildon's Environmental Health service to take reasonable steps to investigate and, if appropriate, to take formal action in the event of justified complaints of statutory nuisance.
A statutory notice can include noise or the emission of smoke, fumes, gases, dust, steam and smells. The emissions must arise from premises and must affect the use or enjoyment of another premises.
Typical complaints of this type are smoke and ash from garden bonfires, dust from building and demolition activity, cooking smells from restaurants and noise from HI FI equipment.
Online: Report - Smoke, fumes, gases, dust, steam or smells (Recommended)
If after investigation Basildon's Environmental Health service is satisfied that a complaint of statutory nuisance is justified, an Abatement Notice will be served upon the person responsible requiring them to end the nuisance.
Failure to comply with an Abatement Notice is an offence and legal proceedings may result.
Persons found guilty of an offence of this type may be fined up to £5000 in the case of a domestic premises and £20,000 in the case of a commercial premises.
Further Guidance can be found at:
- Part 3 of the Environmental Protection Act 1990 (opens new window)
- DEFRA - Dept for Environment Food & Rural Affairs. (opens new window)
- DEFRA - Open fires and wood-burning stoves - a practical guide (opens new window)
Contact us
Telephone: 01268 533333
Write:
Manager of Environmental Health Services
The Basildon Centre,
St. Martins Square,
Basildon, Essex.
SS14 1DL.