Presentation to Scrutiny
16th February 2009
Brief Executive Summary
Environmental Protection Team is part of Environmental Services Regulatory Services. It is a multi-disciplinary team covering Air Quality, Industrial Pollution Control, Statutory Nuisance, Housing Nuisance, and ContaminatedLand. It has Charter Mark accreditation for customer service excellence and ISO 9001 quality standard.
There are 5 officers who, as part of their daily work, respond to complaints of noise nuisance. The source of the noise can be from domestic premises (music, shouting, banging, house alarms) dogs, commercial or industrial premises and stationary machinery/vehicles. The one limiting factor for the legislation we enforce is that it must come from premises, therefore, with some exceptions, noise in the street cannot be dealt with.
Where nuisance arises from both premises and off premises, for example, with youths running between houses and playing loud music in the garden we work closely with the Nuisance Link, within the Community Safety Unit, undertaking a joint investigation. A decision will be taken to determine which legislation best suits the situation and that team will take the appropriate action.
The powers available to Environmental Protection include serving a notice once there is enough evidence that a Statutory nuisance exists, is likely to exist or likely to recur. The notice will specify what actions need to be taken to abate the nuisance and the timeframe in which to comply.
If the notice is breached without reasonable excuse, the local authority has the power to undertake the work in default and/or prosecute for non compliance. The fine can be up to a maximum of £20,000 and/or 2 years in prison.
If the nuisance continues the local authority can apply to the magistrates court for a warrant to enter premises and remove equipment which is being used to cause the nuisance such as televisions, hi-fi’s, surround sound systems etc. Upon conviction an application can be made to the magistrates for forfeiture of the equipment, hence permanently removing the source of the noise.
Environmental Protection tackles statutory nuisance from owner occupiers or privately tenanted premises. However, the team also assists housing providers in gaining evidence of antisocial behaviour in and around their property. By installing monitoring equipment evidence gained can be used to support breach of tenancy agreements and that of antisocial behaviour. The legislation applies irrespective of tenure and therefore if a serous noise nuisance exists in tenanted premises Environmental Protection have the powers to take action.
Lynda Stefek
Principal EHO