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You are here:  Home  >  Council Services  >  Dust, odour and smoke nuisances  


Dust, odour and smoke nuisances

 

If you are affected by:

from a neighbour or nearby industrial/commercial premises, you can ask your local authority to investigate your complaint. Many of these problems can be dealt with as "statutory nuisances" under the Environmental Protection Act 1990. Statutory nuisance can include:

  • smoke, fumes or gases from any premises;
  • dust,steam or smells from business premises;
  • accumulations or deposits;
  • animals which are kept in poor conditions.

For a nuisance action to be successful, the local authority will need to confirm that the activities of the offender are:

  • causing material harm, or
  • affecting the quiet enjoyment of your property.

In many cases, a friendly approach to your neighbour or business will resolve your concerns. If this fails, complaints should be made to Environmental Health and Housing. If a statutory nuisance is confirmed, an abatement notice will be served under Section 80 of the Environmental Protection Act 1990 to prevent the nuisance continuing.