 Noise and nuisances
Although noise accounts for the majority of complaints received by the Noise and Complaints Team, many complaints are received about other issues. The following sections tell you about:
The types of complaints we deal with
We have powers to deal with a wide range of issues including:
- Noise
- Accumulations of waste material
- Animals causing nuisance
- Smoke from bonfires and barbeques
- Dust and smells from trade premises including dust from construction sites
- Artificial lighting
However, there are many situations where we cannot act because we do not have the appropriate legal powers, and these include such things as overhanging branches, broken fences, and domestic smells.
How we deal with complaints
In all cases the complainant is contacted and the nature of the problem discussed. Advice is given as to whether it is likely that the officers can take action, and whether other agencies can help with the problem. In most cases officers will visit the site to assess the problem. It is often necessary to witness the problem from the complainant's home in order to assess its impact.
For most complaints of nuisance, an assessment of whether a 'statutory nuisance' exists determines the action we take. If the matter is judged to be a statutory nuisance the Council will serve an abatement notice under the Environmental Protection Act 1990 on the person responsible for the problem. The scope of the notice will vary with the nature of the problem, but will usually require the person to stop the nuisance, or carry out work to reduce or eliminate the nuisance. The notice could also prohibit the occurrence or recurrence of a nuisance. If a person fails to comply with an abatement notice, we can arrange for any work required to be done by its contractors, and recover the cost from the offenders. We also have the option of prosecuting.
Apart from action for statutory nuisance, we have a range of other legal options to use, depending on the problem. In cases where the matter complained of does not justify formal action informal action is taken to try to resolve the issue.
Who to contact
During office hours telephone 020 8871 6170.
Outside office hours, matters requiring a rapid response e.g. bonfires, may be reported by using the Noiseline 020 8871 7869.
For complaints involving Council residential properties, you should contact the Housing District Office during normal office hours, or the Housing Control Unit on 020 8871 7490 out of office hours.
 You can also make a complaint online
What response to expect from us
Our target response times for complaints are set out in our Citizens Charter and are summarised as follows:
For complaints about bonfires, dust and paint spraying, we will deal with the matter on the day the complaint is made, or if the complaint is made at a time when staff are unavailable, as soon as possible the next day.
For other complaints, we will initiate an investigation within 2 working days.
Different types of complaint
This section is not an exhaustive list of the issues we deal with, but gives information about the commonest sources of complaint.
Accumulations of refuse
We can deal with accumulations of refuse on private land if the waste material is providing harbourage to rats or mice, or consists of offensive, decomposing matter. In such cases, we will serve a notice on the owner or occupier of the land requiring them to remove it within a certain time period. If they do not comply, we can arrange for its removal, and recover the costs incurred from the person on whom we served the notice.
 What happens next? - Rubbish complaints (77 kb)
Refuse on the public highway or footpath should be reported to the Leisure & Amenities Department on 020 8871 8558 or reported online. The same number should be used to report late or missed refuse collections.
Animals
We can deal with animals kept in such a way that they cause problems to neighbours. Action taken will range from giving advice and liasing with other agencies, to the service of notices if the matter is so serious as to be judged a statutory nuisance. The Dog Control service deal with issues such as stray dogs, and irresponsible dog ownership that falls short of overt cruelty. The number to ring in such cases is 020 8871 7606 or email mcallis@wandsworth.gov.uk.
Cases of cruelty should be referred to the RSPCA on 020 8789 8252.
Bonfires
Garden bonfires are often a source of considerable discomfort to neighbours, and can lead to elevated levels of air pollution, especially particles. It is not an offence to have a bonfire, but there are more environmentally friendly ways of dealing with garden refuse. Waste Services can collect compostable garden waste on request. The waste is collected in special biodegradable sacks. The charge for this service is £16.50 for a single collection of up to 20 sacks, so there should be no need to burn material in the garden. Please telephone 020 8871 8558 for further details.
A single bonfire may not be judged a statutory nuisance and therefore require an abatement notice to be served on the person responsible, but regular fires would almost certainly justify legal action by us.
Smoke from domestic chimneys is controlled under Smoke Control Areas legislation.
What happens next? - Bonfire complaints (58 kb)
Dust, smells and fumes
There are a wide variety of causes for these complaints, but in every case the effects have to be assessed in the complainant's dwelling or workplace. The action taken will depend on the likely health effects or the extent of the disturbance suffered. We have produced a code of practice for the control of noise and pollution from demolition and construction sites
Control of pollution and noise from demolition and construction sites (219 kb)
If you would like more information please contact:
Paul Foster 020 8871 7950 or email pfoster@wandsworth.gov.uk
Statutory nuisances
Definition and historical background
The tests to determine statutory nuisance
Legal duties imposed on the Council
Action taken
Definition and historical background
Statutory nuisances are matters that an Act of Parliament (ie. a statute) has designated and which can be dealt with in a prescribed manner by local authorities. They include noise, smoke, dust, fumes, odours, defective premises, accumulations, and the keeping of animals. The law relating to statutory nuisances originates in 19th century Public Health Acts and the same legislation, relatively unchanged, is now part of the Environmental Protection Act 1990.
Complementing the legislation is a vast body of case law, developed over the past 150 years, which provides interpretations of various aspects of the law, and even today decisions continue to be made in the High Court which influence the way in which we deal with statutory nuisances.
The tests to determine statutory nuisance
Whether any of the above matters can be dealt with as statutory nuisances depends on the effect that they have on people; the matter must either be 'prejudicial to health' or 'a nuisance'. 'Prejudicial to health' means 'injurious to health' or 'likely to cause injury to health', whilst the concept of 'nuisance' involves the unreasonable interference with another person's rights of enjoyment of their property.
For us to take action in respect of a nuisance it must be satisfied that one of these conditions is met, but since neither 'prejudicial to health' nor 'nuisance' is precisely defined it becomes a question of an investigating officer's judgement. Factors such as reasonableness, the impact of the nuisance, and its frequency of occurrence are taken into account. Thus a person who plays loud music on only one occasion will probably not be causing a statutory nuisance whereas someone who plays loud music late at night every week almost certainly will be causing a statutory nuisance.
Legal duties imposed on the Council
In addition to describing the matters that can be dealt with as statutory nuisances the law also imposes two important obligations on us:
Local authorities have a legal duty to 'take such steps as are reasonably practicable' to investigate complaints of statutory nuisances.
Where a local authority is satisfied a statutory nuisance exists, or is likely to occur or recur, they must take legal action to remedy the situation.
Action taken
The action that we take in respect of a statutory nuisance is the service of an 'abatement notice' on the person responsible for the nuisance. The notice can require the abatement of the nuisance, or prevent or restrict its occurrence or recurrence, and if necessary require works to be carried out. Failure to comply with such a notice is an offence and we can (and often do) prosecute the person on whom the notice was served.
In addition to prosecution for failing to comply with an abatement notice we also have the option to carry out any works that were required by the notice, and this can include the confiscation of sound equipment. |
