Initial stage
A Neighbour Nuisance Log sheet will be provided which should be
completed and returned after 2 weeks or other appropriate period.
On this form you will be asked to confirm your willingness to
provide a witness statement and give evidence in Court. The alleged
perpetrator of the nuisance will be advised of the complaint.
At this stage your details will be treated as confidential. Your
completed log sheet will be assessed by the Investigating Officer
for occurrences, which may indicate the existence of a possible
nuisance; if the problem continues your complaint will usually
proceed to the investigation stage.
Should there be no receipt of a Nuisance Log sheet after 21 days
you will be contacted to find out if the nuisance is still
occurring. If, after a further 2 weeks a log sheet has
still not been received the complaint will be closed. No further
action will be taken by unless a completed neighbour nuisance
log sheet is returned to the Investigating Officer. In certain
circumstances the officer may agree to the nuisance log being
completed by alternative means, for example tape
recording.
Investigation stage
At this stage you are requested to continue with the log sheet
as this is crucial for the successful investigation of a
nuisance. The alleged perpetrator will be advised that further
complaints have been received. Your details will continue to remain
confidential at this stage.
For nuisances that occur during office hours you should ring the
department and an officer will endeavour to witness it during these
periods. For nuisances that occur solely outside office hours, you
should contact the investigating officer to discuss alternative
arrangements. If in the officer’s opinion, no nuisance has been
witnessed in 3 visits, the council may decide that it is unable to
proceed effectively with investigating the complaint. In this
case you will be sent a letter advising you of this together
with details of how you can take further action.
Abatement stage
The abatement stage begins when the officer is satisfied
that your complaint constitutes a statutory nuisance. The
Investigating Officer will arrange for the perpetrator to be served
with an Abatement Notice. This may be deferred for 7 days if
the Investigating Officer feels a solution can be reached in the
intervening period. At this stage you may be required to
produce a witness statement and should be prepared to appear
in Court to give evidence. At this stage your details will no
longer be confidential. You should be aware that the person served
with the notice has a right of appeal to the courts.
Enforcement stage
After the perpetrator has been served with an
abatement notice you should inform the Investigating Officer
of any possible breaches of that notice and maintain the nuisance
log. If further complaints are received the recipient of the
notice will be advised of their obligations with regard to the
notice. Further complaints will be investigated and monitored as
appropriate with a view to enforcing the requirements of the
notice. This may involve a prosecution at the Magistrates’ Court or
seizure of the equipment thought to be causing the
nuisance. For further information please contact us.