An abatement notice can be served by the local authority if they are satisfied that a statutory nuisance exists, has occurred or is likely to recur. The notice may require that the nuisance be stopped altogether or limited to certain times of day. The notice can be served on the person responsible for the nuisance, who then has 21 days to appeal.
Part 3 of the Environmental Protection Act 1990 requires us to take reasonable steps to investigate and, if appropriate, to take formal action in the event of justified complaints of statutory nuisance.
A Statutory Nuisance in this context can include emissions of smoke, fumes or gases, dust, steam and smell. The emissions must arise from premises and must materially affect the use or enjoyment of other premises.
Types of Complaint
Typical of complaints of this type are:
- smoke and ash from garden bonfires
- noisy industry
- loud parties
- intruder alarms
- car alarms
- dust from building and demolition activity
The legislation does not allow us to deal with complaints of smells arising from domestic premises.
If satisfied that a complaint of statutory nuisance is justified, an Abatement Notice will be served upon the person responsible, occupier or owner of the premises (as appropriate) requiring that the nuisance is abated.
What happens if an abatement notice is not complied with
Failure to comply with an Abatement Notice is an offence and legal proceedings may result. If found guilty of an offence of this type then the maximum fine is £5000 on domestic premises and £20000 on commercial premises.
Do I have a right of appeal against an Abatement Notice?
Yes. You have 21 days to lodge an appeal against an Abatement Notice.
How can I appeal about my notice
You can appeal against any abatement notice in writing to any magistrate's court within 21 days. The grounds for any appeal are specified in the Statutory Nuisance (Appeals) regulations 1995.