Investigation of Complaints
The Law
Investigation of Complaints
What you can do
The Law
The Council has a legal duty to investigate complaints of statutory nuisance under the Environmental Protection Act 1990.
A statutory nuisance can be described as a situation which is having a material effect on the way in which you live at your property. It usually has to be affecting lifestyle or enjoyment in a serious way and must be severe or repeated regularly.
If a Statutory Nuisance is proven following investigation an Abatement Notice will usually be served on the person responsible, setting out what must be done to abate the nuisance. If the notice is ignored, prosecution may follow with a fine of up to £5,000 for nuisance arising from domestic properties, or up to £20,000 where commercial or industrial premises are involved.
Investigation of Complaints
If you wish to make a complaint about a nuisance, your complaint will be assessed in terms of its affect on an average reasonable person. It would be unrealistic not to expect people to cause the occasional nuisance.
The steps you should follow:
1. Contact the Environmental Protection Team. On making a complaint of noise, smoke, dust, smell, light and insects nuisance the team will need details of the source of the problem and any other information you can give them.
2. You will be sent an information pack and diary sheet and you should start to complete your diary sheet, which should be maintained for three weeks before being returned for assessment.
3. At this stage you may wish us to contact the neighbour on your behalf. Please let us know if you would like us to send a warning letter.
4. Please return your diary when you have three week's entries. If you feel the problem is too serious to wait for three weeks, please contact us and an Officer may be able to arrange an earlier visit.
5. When we receive your diary an Officer will decide on the most appropriate course of action, this may be visits to your property to witness the nuisance or installing noise monitoring equipment. The Council can only take formal action if the nuisance can be witnessed.
6. If a Statutory nuisance can be established then further action will be taken by the investigating Officer on your behalf. This can be a legal Abatement Notice.
7. Records of any conversations you have with the person causing you the problem should be kept on a separate piece of paper showing the date when the conversation took place and a brief outline of what was said.
8. If either side writes letters a copy should be kept. We may wish to see any such correspondence, this will be returned to you.
9. You may be asked at some stage to provide a Witness Statement for use in Court should your complaint continue to this stage. If you are not prepared to give a statement it may mean the Council cannot take formal action.
10. If the problem is resolved before the investigation is concluded, please let us know.
During an investigation your details cannot be revealed without your permission under the Data Protection Act.
What you can do?
- Discuss the problem with your neighbour if you feel it is appropriate and safe to do so and try to come to a common understanding.
- Alternatively, you could approach the Somerset Mediation Service.
If following investigation of the nuisance the Officer feels that formal action cannot be taken by the Environmental Protection Team then you may wish to consider taking legal action yourselves.
Action can be taken under Section 82 of the Environmental Protection Act 1990 and information is available from the Environmental Protection Team.
Tel: 01823 356339
Email: environmental.protection@tauntondeane.gov.uk
|
