Informal approach to Neighbours before contacting the Council
If you are being affected by a nuisance arising at a neighboring property Council will generally advise that you should in the first instance, contact the individual or business responsible for causing the issue. If you feel safe doing so, discuss the problem with the person responsible and let them know about your concerns. They may not realise that they are bothering you or may be unaware the problem exists. If you do not feel safe or able to speak to your neighbour, or if the problem persists even after you have spoken to him/her, you can request that the Council investigates the matter.
Can I remain anonymous?
Anonymous complaints are not normally accepted due to the difficulty in investigating such complaints. Any details that you give will be held in the strictest of confidence and will not be disclosed to anyone during investigations into your complaint. However, the matter may be heard in the Magistrates’ Court, at which stage you may be required to appear as a witness for the Council.
Initial Investigation by Council Officers into Nuisance
The council officer will contact the complainant to discuss the complaint and collect necessary information. Complainants may be required to complete log sheets detailing the dates, times and durations of the problems experienced so that officers have an idea of the extent of the matter. If the problem does not improve to the complainant’s satisfaction an officer will attempt to capture evidence of the alleged problem in order to make a judgement on whether or not a statutory nuisance exists. Factors which may be considered in making the judgement include the duration of the activity complained about, how frequently it occurs, the time(s) of day it occurs, the impact on neighbours, the nature of the locality, and the reasonableness of the activity. The type of the investigation carried out will depend on the nature of the nuisance being complained of. The investigation can include property inspections, recordings and measurements, evidence collection and legal searches.
Informal resolution of complaint
In most cases where DCSDC is satisfied that a statutory nuisance exists Council officers will strive to resolve the complaint informally with the agreement of all parties
Abatement Notice
If a district council is satisfied that a statutory nuisance exists, or is likely to occur or recur, and has been unable to reach an informal resolution to the issue giving rise to the nuisance, it will serve what’s called an abatement notice. The notice must be served on the person responsible for the nuisance
This legal notice will require the prevention or restriction of the nuisance and may also specify the work or other steps required to meet this objective. This notice will specify the time by which the requirements are to be complied with and also a statement giving details of the right of appeal.
Legal Proceedings
If, following service of notice, the nuisance continues, it will be necessary for the Council to gather evidence for the consideration of legal action. Such evidence will normally involve an officer witnessing the ongoing nuisance as it occurs. At this stage in the investigation complainants may be required to make a formal statement and to attend court as a witness to support the Councils case. It is an offence to fail to comply with the terms of an Abatement Notice. A person who commits an offence may be fined up to £5,000 upon conviction in the Magistrates’ Court. A Business found guilty of contravening an Abatement Notice could be liable to a fine of up to £20,000.