Nuisances

 Coronavirus (Covid-19) update: Environmental Protection

The Environmental Protection Service is still open and investigating your complaints around statutory nuisances, e.g. excessive noise, burning of waste, etc. However due to the current circumstances there may be a delay in providing a response to your complaint.

We have also made some changes to the way we work. Our officers will not, for the time  being, be carrying out site visits or meetings related to complaints. You may be asked to provide evidence, such as a noise nuisance diary or photos / video to support a complaint.

If you can give us contact details or email addresses we can contact the people responsible for the nuisance to let them know we have received a complaint. We won't disclose the origin of any complaints received.

You can make a complaint online using the Environmental Protection Complaints Form.

Guidance around coronavirus is constantly changing, and you should check back to our website frequently for updated information.

Part 3 of the Environmental Protection Act 1990 requires us to take reasonable steps to investigate and, if appropriate, to take formal action to in the event of justified complaints of statutory nuisance.

A statutory nuisance in this context can include emissions of smoke, fumes or gases, dust, steam and smell. The emissions must arise from premises and must materially affect the use of enjoyment or other premises.

Typical complaints of this type are smoke and ash from garden bonfires, offensive accumulations, dust from building and demolition activity and cooking smells from restaurants. The legislation does not allow us to deal with complaints of smells arising from domestic premises.  In Trafford the control of smoke from chimney's attached to dwellings is contained within the Clean Air Act 1993 and is not classed as a statutory nuisance, please contact the Council for more advice.

If we are satisfied that a complaint of statutory nuisance is justified, an Abatement/Penalty Notice will be served upon the person responsible, occupier or owner of the premises (as appropriate) requiring that the nuisance be abated.

Failure to comply with an Abatement/Penalty Notice is an offence and legal proceedings may result. If found guilty of an offence of this type then the maximum fine is £5000 on domestic premises and £20000 on commercial premises.

Privacy Notice

Our core data protection obligations and commitments are set out in the Council's Regulatory Services Privacy Notice.