Nuisances

Nuisance is classified as ‘an unlawful interference with a person’s use, enjoyment or rights in connection with their property or land’. We have to base our work on what the law says. This section covers the most common forms of nuisance and the steps you can take to stop them.

We can’t provide an instant remedy against every nuisance. When assessing nuisance, we consider time, duration, extent of the nuisance and degree of unreasonableness as factors to be considered.

If you are bothered by smell, smoke or noise, the first thing to do is discuss the matter with the person causing the problem. Often a little give and take is all that’s needed. If the person won’t co-operate you can contact our environmental health division for advice, or you may wish to consider mediation.

Types of nuisance we can deal with

We can deal with a wide range of nuisances including:

• smoke, ie bonfires
• fumes or gases from private dwellings
• noise (except aircraft)
• insects
• artificial light

Mediation could be the answer

If you have tried speaking to the person causing you an environmental nuisance but haven’t succeeded in getting the nuisance stopped, or if the person involved is truly unapproachable, you may want to consider mediation.

With mediation, an independent third party is appointed to listen to the views of both parties and help reach an agreement or compromise.

If you are a resident of Aylesbury Vale, you can contact Mediation Buckinghamshire on 01494 520821 or by email: office@mediationbucks.org.uk

What can we do?

When you contact us with a complaint we will investigate the matter. You may be asked to keep a brief record on a diary sheet of the complaint. If appropriate, we will write to the person causing the nuisance and ask them to stop it. We will not tell them who you are.

When investigating we may:

• Make personal visits to witness the problem.
• Use technology to monitor the situation.
• Take action based on evidence provided by a number of residents who are prepared to make a formal complaint.

What happens after our investigation?

The vast majority of nuisance cases are resolved amicably without the need for formal action.

If, after our investigations, we are satisfied that we have sufficient evidence of nuisance, we will serve a Statutory Abatement Notice. This formally tells the offender to abate the nuisance and sometimes lists the measures that must be taken to do so.

What if the nuisance continues?

We may prosecute the offender if we believe that the Statutory Abatement Notice is not being complied with. This could lead to conviction and a substantial fine.

In extreme cases where a one-off incident is causing significant disturbance, such as a burglar alarm or noisy party, we can apply for a magistrate’s warrant. This empowers us to enter the property and take steps to abate the nuisance.

Remember, we can only take formal action if you are prepared to give a statement and appear in court as a witness if necessary.

Taking civil action to deal with a nuisance problem

You can take civil action for nuisance using common law by seeking either an injunction to restrain the defendant from continuing the nuisance and/or by issuing a claim for damages or loss.

However, be warned that taking out a civil action can be very expensive. We strongly recommend that you seek the advice of a solicitor or the Citizens Advice Bureau before going ahead.

Problems with tenants causing a nuisance

All landlords have powers to take action against tenants who are breaching their tenancy agreement. This may include injunctions as preventive measures because they can reduce the nuisance while still allowing people to keep their homes.

Social landlords such as the Vale of Aylesbury Housing Trust and other housing associations can ask the courts to attach a power of arrest to injunctions if the tenant is violent or if there is a threat of violence.

Eviction remains the ultimate sanction against tenants who will not reform their behaviour and persist in causing problems.

Problems with loudspeakers in the street

Section 62 of the Control of Pollution Act 1974 gives us powers to deal with loudspeakers in the street.

Using loudspeakers in the street for advertising, entertainments or business is banned and for other uses is restricted to the hours between 8am and 9pm. In certain circumstances we may allow their use for non-advertising purposes outside 8am to 9pm.

Offenders are automatically subject to prosecution and could be liable to a maximum fine of £5,000.

Organisations such as the police, ambulance and fire brigades are exempt.

Problems with noisy business premises

While recognising that noise from business premises can be a nuisance, and one that you have every right to complain about, the law accepts that noise is sometimes an unavoidable consequence of the type of business involved.

It is a defence in any court proceedings relating to noise arising on industrial, trade or business premises to prove that best practicable means have been used to prevent or counteract the effect of the noise. This recognises that there can be technical and other limitations as far as the business is concerned.

Codes of practice for noise minimisation

Codes of practice give advice about the minimisation of problems caused by potentially noisy activities. Courts must have regard to relevant codes approved by the Secretary of State when considering the defence of best practicable means.

Some codes deal with noise such as that from construction sites, audible alarms, ice cream van chimes and model aircraft, while other codes offer advice on how to reduce the effects of noisy activities ranging from music concerts to off-road motorcycling.

Noise from construction sites

To help minimise the noise pollution caused by construction and demolition works, we have the power under section 60 of the Control of Pollution Act 1974 to specify how the work is carried out. There is also a code of practice (BS5228) which suggests ways of reducing such noise.

If a construction site is causing you a problem, please contact us on the number below.

You may be eligible for a grant towards the cost of secondary glazing if a new road or railway is being constructed close to your home.

Anti-social behaviour orders

In an extreme, we can seek an anti-social behaviour order (ASBO) against any resident causing harassment, alarm and distress to others. While an ASBO would not be our first recourse in cases where environmental nuisance is the main problem, they are an effective way of tackling more serious anti-social behaviour, which might include environmental nuisances.

Circumstances where an ASBO may be appropriate would, for instance, include dealing with families whose anti-social behaviour embraces verbal abuse, threats and environmental nuisances such as graffiti and persistent loud music or television.