The Environmental Protection Team deal with pollution of air, land and some water courses, as well as statutory nuisance complaints such as noise and odour.
At what time can noise cause a statutory nuisance?
How loud does noise have to be before it can be determined as a statutory nuisance?
The answer is at any time of the day and night! There are no set times laid down by law. It really is a question of what is ‘reasonable’ behaviour. As a general rule, noise at night is more disturbing and more likely to be a nuisance than day time noise.
How loud does a noise have to be before it can be determined as a statutory nuisance?
Once again no legal limits have been set. Everything depends upon the circumstances of the individual case. When investigating noise complaints some of the things taken into account include the location of the noise; the times when the noise occurs; the noise level; how often it occurs; and how it affects the person hearing the noise.
Why is it so important to keep (and return) the nuisance diary?
It enables an Officer to get an idea of how severe the problem is. It would also be required as evidence to enable the Council to take formal action, should it be considered necessary.
Am I allowed to have a bonfire?
For domestic properties, there are no laws which prohibit having a bonfire. However, it is still possible for bonfires to be considered a statutory nuisance. This can depend on what material is being burned, how much smoke is being produced, whether the smoke is blowing onto nearby properties and how often the burning occurs. For further information, see Bonfires
There is a heap of rubbish in my neighbours garden, what can I do?
We would consider rubbish in a garden a problem if it is likely to offer a source of food or shelter for pests such as rats and mice. We would also consider rubbish a problem if it caused an odour nuisance. In these circumstances, we can contact the person responsible and get the rubbish removed.
My neighbours hens keep coming into my garden. What can I do to stop this?
We do not have any powers to stop hens going into other people’s gardens. As a first step, you should speak to the owner of the hens to ask if they can take measures to stop the hens getting into your garden. However, if this does not resolve the issue, it would then be down to you to keep the hens out of your garden, e.g, fencing.
My neighbours septic tank/cess pit is leaking onto my land, what can be done?
Try speaking to your neighbour, as they may not realise that this is happening. However, we have the power to ensure that a property has adequate means for the disposal of wastewater. If there is wastewater running across your land, we can take the necessary steps to resolve this problem.
The manhole in my garden is overflowing, what can I do?
If the manhole is on a length of drain which serves only your property, then the blockage is probably in your own pipework. You will need to call a plumber to fix this for you, although before you do, it might be worth checking to see if your insurance policy covers you for this.
If the pipe serves (or you suspect it serves) more than one property you should contact United Utilities on 0845 746 2200
My toilet(s) and/or sink(s) are showing signs of a blockage. What can I do?
The key thing here is to find out whether the problem is in your own pipework, or whether the blockage is on the shared drains or in the public sewer.
The blockage is probably in your own pipework if the inspection chambers on your property are still free flowing; if not all of your toilets and sinks are showing signs of a blockage; and no other properties are experiencing the same problem.
In this is the case, you will need to call a plumber to fix this for you, although before you do, it might be worth checking to see if your insurance policy covers you for this.
If more than one property is experiencing problems and/or there is widespread sewer flooding in the area the problem is likely to be in the public sewer or on the shared drains. You should then contact United Utilities on 0845 746 2200
What do I do if I think there is asbestos in my house?
If you are in doubt as to whether any material already in your home contains asbestos, or if you suspect your home contains damaged asbestos material, do not try to deal with it yourself. Contact the Environmental Protection Team for further advice about safe disposal.
How can I carry out a Radon test on my property?
Radon test packs are available from the Health Protection Agency.
How can I get my drinking water tested?
If you are not on mains water and have a private supply (from a borehole for example) a bacteriological and chemical analysis can be arranged by contacting the Environmental Protection Team. There is a charge for this service and the person requesting the test pays the analysis fee.
If you are on mains water you should contact United Utilities.
Are farmers allowed to spread what they like on their fields?
Yes, however they have to comply with legislation that is enforced by the Environment Agency (EA). We investigate these problems, and liaise with the EA and the farmer to ensure as little disturbance is caused as possible. They should also not cause a statutory nuisance.
Do you have any information on the local Air Quality?
Yes we carry out monitoring of Nitrogen Dioxide levels around the district, and we have access to limited air quality information from some of the more polluting industries in the district. We also check with Central Government Department of Environment Transport & Regions, for maps of concentrations of major pollutants.
I live by an electricity sub-station, should I be concerned about my health?
For further information see Health Protection Agency
For further information:
- Contact: The Environmental Protection Team
- Telephone: 01768 212490
- Email: pollution@eden.gov.uk
- Fax: 01768 890732
- Report: Pollution report form
- Address: Eden District Council, Mansion House, Penrith, Cumbria CA11 7YG
