What actions can the Council take?
The information you provide on the diary sheets will help the case officer to assess the disturbance and decide what action can be taken. Remember that although we may agree that a nuisance probably exists we still need to be able to prove it before we proceed.
We can take action if the disturbance is a nuisance in law (a 'statutory nuisance'). We will assess the evidence to see if it is sufficient to be a nuisance. In determining whether or not the matter is a 'statutory nuisance' we will have to take into account:
- the nature of the disturbance
- how severe it is
- how often it occurs
- how long it lasts for
- the time that it occurs
If we are satisfied that the matter is a statutory nuisance and have the evidence to back this up we can serve a notice under the Environmental Protection Act 1990, requiring the nuisance to be stopped or reduced.