Draft Nuisance Policy 2024-2027

Activity closed. Results published.

Background

Dealing with nuisance is a core function of the Public Protection Partnership (PPP): a shared service delivering environmental health, licensing and trading standards across Bracknell Forest Council and West Berkshire Council. The purpose of this new policy is to ensure a consistent approach to both reactive and proactive work on nuisance issues.

We have a duty to take reasonable steps to investigate complaints of statutory nuisances. The Environmental Protection Act 1990 (The Act), as amended by the Clean Neighbourhood and Environment Act 2005, sets out in legislation what constitutes statutory nuisance. In addition, the Control of Pollution Act 1974 is relevant for dealing with noise from demolition and construction activities. 

The types of nuisances the PPP deals with most frequently are: 

• domestic noise, e.g. barking dogs, music, car and house alarms
• commercial noise, e.g. entertainment from public houses or larger events, refrigeration, and extraction units at food premises
• artificial light, e.g. security lighting on a house, floodlighting of a sports pitch. There are specific exemptions based on security and safety, such as bus stations, prisons and streetlighting
• dust, steam, grit, effluvia (odour) from industrial, trade or business premises only
• smoke from bonfires
• insects from industrial, trade or business premises only

For the issue to count as a statutory nuisance, it must unreasonably and substantially interfere with the use or enjoyment of a home or other premises, or injure health, or be likely to injure health.

Some household noises aren't considered to be a statutory nuisance and can't be investigated. These include:

• the sound of footsteps
• slamming doors or cupboards
• dropping objects or moving furniture
• children and babies crying
• children playing (including playgrounds)
• talking or laughing coming from inside a home or garden
• the reasonable use of noisy garden equipment, e.g. lawnmowers or leaf blowers
• the reasonable use of washing machines, vacuum cleaners, or kitchen appliances

The preferred outcome to a service request regarding a nuisance made to the PPP is an informal solution. In some cases, this may involve a mediation process which the PPP will arrange. Where all parties agree to try an informal approach, the PPP will make a referral to our third-party agents, Resolve Mediation Service.

For issues that require formal action, we may issue an abatement notice on those responsible for the nuisance, or on a premises owner or occupier if this is not possible. This may require whoever's responsible to stop the activity, or limit it to certain times, to avoid causing a nuisance and can include specific actions to reduce the problem. If someone doesn't comply with an abatement notice they can be prosecuted and fined.

How we developed our draft policy

We've drafted a new policy to complete the body of rules the PPP uses to undertake the range of functions it covers. It also sets out clear expectations for residents, businesses, elected members, partner organisations and officers.

The draft policy explains:

• how we will ensure the continuation of a consistent and up to date best practice approach to both reactive and proactive work on nuisance issues 
• what service residents can expect when they complain about nuisance matters
• where the PPP has powers to investigate a complaint
• that if the PPP is not able to investigate, it will direct the request to the appropriate agency
• that some household noises are also not considered to be a statutory nuisance and cannot be investigated e.g. slamming doors and the sound of footsteps
• the preventative action taken by the PPP, often in conjunction with partner organisations, including the police and fire service and colleagues in emergency planning, public health, highways, and planning teams

The draft policy considers the links with Bracknell Forest's Council Plan and West Berkshire's Council Strategy, and acknowledges PPP polices and Government guidance. 

You can download/read our draft policy document here.

Why we want your views

We'd like your views on our draft policy. It's by hearing from local people that we can make the changes needed to ensure our policy is fit for purpose and reflective of the needs in our local area.

How to take part

If you'd like to comment on our draft policy, please complete our survey by midnight on Monday, 26 August 2024 (extended from 19 August). It should take about five minutes. 

You can also send us your comment by email to pppconsultations@westberks.gov.uk or by post to Suzanne McLaughlin, Public Protection Partnership, Theale Library, Church Street, Theale, Berkshire, RG7 5BZ

If you have any questions about the survey, please contact pppconsultations@westberks.gov.uk

What happens next

Your feedback will be used to inform the final policy before it is submitted for consideration by elected members at the Joint Public Protection Committee on Monday, 7 October 2024. Once approved, the final strategy will be published on our Strategies, policies, and plans webpage.

For more information on how to get help if your concerned with your neighbourhood concerns, please visit our website here.