Odours, dust and smoke
Part 3 of the Environmental Protection Act 1990 requires the Council 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.
Typical of complaints of this type are smoke from garden bonfires, smoking chimneys, dust from construction and demolition activity and cooking smells from restaurants.
If the Council is 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 the nuisance to be stopped. Failure to comply with an Abatement Notice is an offence and legal proceedings may result.