Introduction

A Statutory Nuisance is where the actions of another are unreasonable and cause a substantial interference to the use and enjoyment of a resident’s property or are prejudicial to health. Complaints can only be investigated when you are affected at home. If you are affected at work report this to your health and safety representative.

The nuisances that can be investigated by the Council are outlined in Section 79 of the Environmental Protection Act 1990.

You must read the guidance on noise and nuisances on this page above before making a report.

Noise

Examples of noise from premises that can be investigated include:

loud music
persistent dog barking
mechanical plant
noise from unreasonable DIY
house alarms
noise from vehicles and equipment in a street e.g. refrigerated vehicles, car alarms (but not traffic passing along the highway)

Noise from people (including children playing), doors banging, general banging are unlikely to be deemed statutory nuisances unless there is a substantial interference and an element of malice associated with the noise that can be proven. Noise from the ordinary use of a domestic dwelling cannot be a statutory nuisance.

We are also unable to investigate random intermittent noises that are of very short term, irregular and unpredictable noise e.g. door slamming and single vehicle movements.

Noise from roadworks at Longthorpe Parkway

National Highways are replacing the footbridge between Junctions 15 and 16 on the A47 at Longthorpe. The works started on 25 October 2021 and will take approximately seven months to complete. The majority of works will be completed during the day however some works are required to be undertaken overnight, and on occasion the works may be noisy. Local residents expected to be affected by the works within a radius of 750 metres to the east and 450 metres to the west of the structure have been notified by letter from National Highways. Find out more about the works on the Highways England website.

Concerns about noise, light or questions about these works should in the first instance be reported to National Highways. You can do this by contacting the National Highways Customer Contact Centre on 0300 123 5000 or email info@highwaysengland.co.uk.

Premises prejudicial to health

These kind of premises could be houses where there are hoards of rotting waste inside the property that are causing smells and attracting vermin, and garages or land where putrid waste material is being stored.

Prejudicial to health means illness or disease or the like, not a physical injury such as a cut from broken glass or a broken bone as a result of falling in rubble.

Premises that fall in this category will often have rats and mice, and will have associated smells. To be able to complain about these properties they must affect you in your own home, by smell, vermin or the like. The visual appearance of a property is not something that can be investigated under the Statutory Nuisance regime.

Smoke

This category includes smoke from bonfires and smoke from domestic chimneys.

Peterborough has a number of smoke control areas, and it is an offence to emit dark smoke from a chimney within these areas. Burning of material in a boiler, open fire, wood burning stove is regulated under the Clean Air Act and exempt appliances and/or authorised fuels have to be used.
If you live within a smoke control area, any smoke emitted from a chimney cannot be investigated under statutory nuisance regime. If the operator of the chimney is using an exempt appliances and/or authorised fuels they are compliant with the law and no further investigation by the council can be undertaken.
There are no laws against having a bonfire, however there are laws related to what can legally be burnt and where the smoke drifts. In addition even when burning material that is legal if the smoke causes a substantial interference to personal comfort then the smoke would be deemed a statutory nuisance. There is more information about bonfires on the GOV.UK website and in the bonfire leaflet at the bottom of the page.
The burning of builders waste or other material on a commercial premises is generally illegal as this controlled waste. Section 33 and 34 of the Environmental Protection Act 1990 make it an an offence to treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health. Complaints of this nature should be reported to the Environment Agency or to the council using the noise and nuisances reporting form at the bottom of this page.

Smells and fumes

This includes odour from businesses and fumes and gases from domestic residence such as:

Odour from takeaway shops
Gases from central heating

Smells from cooking at a domestic residence would not be deemed a statutory nuisance. Complaints of odour from cigarette smoke, tobacco smoke, pipe smoke, cannabis smoke etc. going from one property to another is not a matter that can be investigated under the Statutory Nuisance regime. Smoking within your own home or garden is considered “reasonable use”.

Reasonable use has to be taken into consideration, when assessing statutory nuisances and it is reasonable that a person/people smoke within their own home and in their garden. This is a civil matter. Odour from Cannabis, as cannabis is an illegal substance, complaints of this nature should be reported to the Police. This would not be investigated under the Statutory Nuisance regime.

Light

Artificial light that causes a substantial interference to personal comfort can be investigated e.g flood light shining in bedroom over night.

Light that is natural light reflected off another building or structure e.g. sunlight reflected off solar panels or glazing cannot be investigated.

A leaflet about the regulations and advice that applies to complaints of light nuisance can be found at the bottom of this page.

Flies from a business premises

Some flies infestations can be investigated as a statutory nuisance. The flies must emanate from relevant relevant industrial, trade or business premises and be prejudicial to health or a nuisance. Flies that come from any of the following sources or locations cannot be investigated:

Land used as arable, grazing, meadow or pasture land
Land used as osier land, reed beds or woodland
Land used for market gardens, nursery grounds or orchards
Land included in a site of special scientific interest
Land forming part of an agricultural unit e.g. farm house or the like
Land covered by and the waters of any river or watercourse that is neither a sewer nor a drain or any lake or pond, or land flooded by them

In addition this section does not apply to insects that are categorised as wild animals under the Wildlife and Countryside Act 1981, i.e. animals which are protected.

High hedges

High hedges that you can complain about must be:

growing on land owned or occupied by someone else
made up of a line of 2 or more trees or shrubs
mostly evergreen or semi-evergreen
more than 2 metres tall
be a barrier to light or access (even if there are gaps)
and harm the reasonable enjoyment of a home you own or occupy and/or its garden or yard

This is investigated under Anti Social Behaviour Act 2003 Part 8. We are not able to negotiate or mediate on your behalf therefore we recommend that you attempt mediation with your neighbours to achieve a resolution. Guidance on how to settle differences in relation to hedges without involving the council is available on the GOV.UK website.

We can only intervene once you have tried and exhausted all reasonable steps to resolve the matter informally. Due to the nature of high hedge investigations there is a £777 service charge to be paid by the complainant, which is payable on submission of the application form.

Before contacting us, please read the following guidance on complaining to a council about high hedges.

Peterborough City Council

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