A-Z of Services

Environmental Protection – Statutory Nuisance

The Environmental Protection Section of the Housing & Public Protection Department investigates complaints from the public of noise, smoke and accumulations of household waste which may be causing a nuisance or are prejudicial to health. Around 2,000 complaints of this type are investigated each year.

Noise Action Week
Domestic Noise Complaints
Noise Advice Sheets

Noise Action Week

Promoting Noise Prevention - Noise Action Week 2012 in Wrexham/ Wrexham County Borough Council

During Noise Action Week Wrexham County Borough Council will be raising awareness of the impacts of noise in Wrexham and promoting simple, cheap measures that can be taken by everyone to prevent noise problems; and services available to tackle more serious noise issues.

This year we are concentrating on dog barking. In 2011, of the 700 noise complaints we investigated, 280 related to nuisance from dog barking. *If you wish to complain about dog noise, or any other statutory noise nuisances, please call the Council on 01978 298989.

Our Noise Action Week Event will take place between 13:00 and 16:00 on Wednesday 23rd May 2012 in the Council Contact Centre, ‘Contact Wrexham’, which is located at 16 Lord Street, Wrexham, LL11 1LG (a short walk from Wrexham Bus Station).

Experienced Environmental Protection Officers will be:

Giving FREE general advice and help on noise problems.
Demonstrating the equipment we use to investigate and resolve noise complaints.

The RSPCA Officer for the Wrexham area will also be providing FREE dog training advice and tips to help in reduce barking.

Noise can cause disruption and distress to everyone - at home, at leisure, at work and at study. National research3 shows that two fifths of the population say noise affects their quality of life and in 2008 around half a million people (1%) said they had moved home because of noisy neighbours. This was more a problem in the private rented sector, where 4% said they had moved because of noisy neighbours.

Domestic Noise Complaints

The Environmental Protection Section of the Housing & Public Protection Department deals with domestic noise complaints mainly from amplified music and excessive dog barking. To deal with these complaints we require your details (name, address and telephone number, which are kept confidential unless the complaint progresses to a court case when we will be required to divulge your details) and source of the noise nuisance. To make a complaint or to obtain further advice from this Department please either complete an online enquiry form or contact us.

Noise Advice Sheets

For advice on common domestic noise nuisance issues please consult our Noise Advice Sheets by clicking on the links below:

Advice on How to be a Good Neighbour – PDF version 45Kb

Advice on Dog Barking – PDF version 48Kb

Advice on Cockerel Noise – PDF version 100Kb

Advice on Guinea Fowl Noise – PDF version 36Kb

Advice on Peacock Noise – PDF version 36Kb

Advice on Loud Amplified Music – PDF version 28Kb

Advice on Construction Noise – PDF version 28Kb

Advice on DIY Noise – PDF version 23Kb

Advice on Improving Sound Insulation in Homes – A Building Research Establishment (BRE) Document – PDF version 203Kb

Advice on Church Bell Ringing – PDF version 26Kb

Advice on Vehicle Alarms – PDF version 22Kb

Advice on Drum Noise – PDF version 32Kb

Advice on Taking Your Own Legal Action – PDF version 120Kb

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Vehicle Alarms

Occasionally the Environmental Protection Section of Wrexham County Borough Council receives complaints about noise from misfiring audible vehicle alarms on the street and on a private property.

A ‘street’ is defined as a highway and any other road, footway, square or court that is for the time being open to the public. If a vehicle alarm sounds on a street, a warrant is not required to carry out works to abate the nuisance as action is taken in respect of 79(1)(g)(a) of the EPA 1990 i.e. noise emitted from vehicles, machinery and equipment on the street, which was introduced by the Noise and Statutory Nuisance Act 1993.

If a vehicle is located on private property, a warrant will be required to abate the nuisance as action will be taken in respect of section 79(1)(g) of the EPA 1990 i.e. noise emitted from premises and the usual powers of entry will apply.

Generally, motorbike and car alarms are the causes of such noise.

De-activating vehicle alarms and/or removing the vehicle can occur an hour after the Notice is served. De-activation and/or remove of the vehicle requires the expertise of specialist firms to act on behalf of the Council.

Please note that the owner of the vehicle will be billed for the costs of de-activating the alarm and/or removing the vehicle. They will also be charged as appropriate for Officer time and any Notices served.

Commercial Noise Complaints

The Environmental Protection section also investigates noise arriving from commercial and Industrial premises which includes such activities as noisy heavy machinery at a factory to a noisy extractor fan on the side of a restaurant. In order to successfully deal with these complaints we require your details (name, address and telephone number, which are kept confidential unless the complaint progresses to a court case when we will be required to divulge your details) and the source of the noise nuisance. To make a complaint or obtain further advice from this Department please either complete an online enquiry form or contact us.

Commercial and Industrial Noise Sheet

This document is available to download in the following format:

Commercial and Industrial Noise – PDF version 32Kb

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Vibration

Vibration is mainly as the result of industrial activities and can arise from practices like demolitions to operation of heavy plant or machinery. Nuisance from this is also covered by Section 79 of The Environmental Protection Act 1990, and would need to be witnessed by an Environmental Protection Officer to determine whether statutory nuisance was occurring.

Odours

We can take action under Section 80 of The Environmental Protection Act 1990 in cases where odour/fumes from commercial/industrial premises constitute a statutory nuisance.

To forward a complaint or obtain further advice from this Department please either complete an online enquiry form or contact us.

Smoke

Please also see Noise and Pollution Control FAQs.

Smoke is caused by burning activities, which may be from a neighbour’s garden bonfire to the burning of trade waste at commercial premises. Statutory Nuisance from garden bonfires is covered by Section 79 of The Environmental Protection Act 1990 and again is dependent on the frequency of the bonfires, the size and composition (i.e. how long they burn for) and whether the smoke is materially affecting you. You or your neighbour are entitled to have garden bonfires, however, if the smoke drifts across your property boundary into your neighbours a statutory nuisance may be occurring. This would need to be witnessed by an Environmental Protection Officer.

Smoke nuisance from commercial or industrial premises is also covered by Section 79 of The Environmental Protection Act 1990. However, the Clean Air Act 1990 may become relevant as well. This act makes it an offence to emit dark smoke (thick smoke) from a trade premises, with the exception of a brief start up time. It also makes it an offence to burn trade waste on a trade premises without the relevant permissions from the Environment Agency. Complaints of dark smoke are dealt with by this section and are taken very seriously as the substances that make the smoke dark can be harmful if inhaled. Materials that can give rise to dark smoke are such things as plastics, carpets, oil filters, etc.

The burning of trade waste on a trade premises is regulated under waste handling legislation, which is enforced by the Environment Agency. If you suspect that this is occurring, then you may report it to the Environment Agency (external link) we maintain a close working relationship with the Agency, so should the smoke not be due to such activities they will forward details on to us to investigate.

Bonfires

Bonfires can be very irritating to neighbours and as a result are the subject of many complaints to this department. Smoke from bonfires can prevent your neighbours from enjoying their gardens, opening their windows or hanging out their washing.

Garden bonfires are not prohibited even in Smoke Controlled Areas and there is no legal requirement about the times they may be lit. They must not however cause a nuisance to anyone at any time. If a garden bonfire does cause a nuisance Wrexham County Borough Council may take action under Section 80 of the Environmental Protection Act 1990 by serving an Abatement Notice.

Advice on Garden Bonfires

For advice on garden bonfires download the advice sheet below:

Advice on Garden Bonfires – PDF version 73Kb

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To forward a complaint or obtain further advice from this Department please either complete an online enquiry form or contact us.

Please also see our Frequently Asked Questions page.

Light Nuisance

Well designed, installed and maintained security lights bring comfort and well being to our lives providing us with a sense of security in our homes. However, much security lighting is installed without due consideration of its suitability for the task and its effect on neighbours and the environment. Domestic security lights should provide the minimum level of illumination necessary to light a property. Whilst you may be happy with the light that illuminates half the street your neighbours may not.

To forward a complaint on light nuisance or obtain further advice from this Department please either complete an online enquiry form or contact us.

Advice on Light Pollution

Advice on Light Pollution – PDF version 96Kb

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Anti-Social Behaviour

When the sources of noise nuisance are not something considered to be a statutory nuisance and thought to be malicious (i.e. banging, slamming, swearing, intimidation etc) this is classed as ‘anti-social behaviour’ and as such you should contact your local PCSO (Police Community Support Officer) (external link).

Dog Advice

This section investigates complaints regarding noise from barking dogs and excessive accumulations of dog fouling in private gardens.

Owning and caring for a dog is great fun and very rewarding, but it is also a big responsibility and a long-term caring and financial commitment. You control your dog’s lifestyle; it is your responsibility to make sure that its needs are met, whatever the circumstances. The Welsh Assembly Government guidance leaflet “How to look after your dog” (external link) provides advice on how to meet the needs of your dog and help avoid complaints being made.

Please also refer to our own advice leaflet on noise from barking dogs and information supplied by The Dogs Trust on their website (external link).

For further information please see further information on Dog Fouling and Dog Warden frequently asked questions.

For reporting stray dogs please see: Online Dog Warden reporting form.

Advice Sheets

Advice on Dog Barking – PDF version 48Kb

Advice on Dog Faeces in Gardens – PDF version 62Kb

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Dangerous Dogs

Please contact the North Wales Police (external link) on 0845 6071002 regarding dangerous dogs that you feel could escape and harm people.

See also: Animal Welfare: The Control of Dogs (external link).

Other Nuisances

Waste

Accumulations are most often caused by domestic properties not disposing of degradable waste (e.g. food) in the proper manner and allowing them to build up. This can lead to instances of offence smells or the presence of vermin. Where it is not usual, accumulations can be a problem on commercial premises as well (e.g. the stockpiling of animal carcases).

These would again need to be witnessed by an Environmental Protection Officer. If the accumulation was witnessed at a nuisance level an abatement notice would be served under Section 80 of The Environmental Protection Act 1990, requiring the removal of the accumulation. The period for this removal is usually quite short, as not much effort is involved and the accumulation may be prejudicial to health.

If you wish to complain about accumulations of household waste at a neighbour’s property (i.e. additional bin bags of household waste beside wheelie bins) please either complete an online enquiry form or contact us.

Find you local household recycling centre

Should you encounter problems with fly tipping please contact our Environmental Enforcement Section using our Report Fly Tipping Online Form.

Advice on Waste Accumulations

Advice on Waste Accumulations – PDF version 49Kb

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Bins

Bin collection service issues and the misuse of black and green wheelie bins are dealt with by the Environment Department.

Overgrown Gardens

We often receive complaints regarding overgrown gardens. We cannot take any action against the person responsible unless the garden is proven to harbour rats or mice, or poses a risk to health in some way. Being an eyesore is not sufficient for the Environmental Protection Team to take action.

Although they are untidy and look unsightly there are usually no factors which Environmental Health could act upon and become involved with. Vegetation from overgrown gardens can, if it is encroaching over the property boundary, be cut off by the affected property owner to the boundary line, and passed back to the overgrown side.

Depending upon circumstances, action may be possible under planning legislation and enquiries can be made to the Planning Department.

With regard to Council properties please contact your local Estate Office – overgrown gardens are covered by tenancy agreement.

To forward a complaint or obtain further advice from this Department please either complete an online enquiry form or contact us.

Filthy or Verminous Properties

Some people find it difficult looking after themselves and their property. This may lead to the property becoming untidy and dirty. Whilst not ideal this would not be serious enough for us to become involved (although it may be appropriate for other organisations such as Social Services to become involved).

To forward a complaint or obtain further advice from this Department please either complete an online enquiry form or contact us.

Advice on Filthy or Verminous Properties

For advice on Filthy or Verminous Properties please consult Filthy or Verminous Properties Advice Sheet:

Advice on Filthy or Verminous Properties – PDF version 68Kb

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Taking Your Own Legal Action

A private action is where a private individual or company takes action for themselves in a magistrates’ court. There are several reasons why this may be done:

The Council is not satisfied that the level of disturbance you may be suffering is a Statutory Nuisance as described under Section 79 of The Environmental Protection Act 1990, and is unable to assist you any further.
It has not been possible for an Environmental Protection Officer to witness the problem.

Under Section 82 of The Environmental Protection Act 1990 if you believe you are affected by a Nuisance you are entitled to make a complaint direct to a Magistrates’ Court and request the issue of a summons.

You may wish to consider taking such action in which case you should follow the recommended procedure below:

Discuss the problem, if possible, with the person creating the nuisance. They may not be aware that they are causing a problem.
If the nuisance continues, write to the person explaining the problem, ensuring that the letter is dated and a copy is kept for future reference.
If the problem continues, gather all the relevant information you need to present to the Court. You should be able to provide the full name and address of the person causing the nuisance.
Detailed evidence is important so you are strongly advised to keep a written record of the time the nuisance starts and finishes, a brief description of the type of problem and the effect it has on you, e.g. preventing or interrupting sleep, relaxing, reading or watching TV.
You may wish to take legal advice or consult a solicitor although you do not have to do so.
Before you take out proceedings against any person you will need to give them formal written notice of your intention to do so. There needs to be three days written notice in respect of Noise Nuisances and 21 days notice in respect of other types of nuisance.

When you are satisfied that you have sufficient evidence and you have given notice, you will need to visit your local Magistrates’ Court. The local Magistrates’ Court for the Wrexham County Borough area is:

Bodhyfryd
Wrexham
LL12 7BP

Tel: 01978 310106

Advice on Taking Your Own Legal Action

For advice on taking your own legal action download the advice sheet below:

Advice on Taking Your Own Legal Action – PDF version 120Kb

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Drainage Problems

The Private Sewer Transfer Regulations

The Private Sewer Transfer Regulations were debated and passed by the Welsh Government on the 21st of June. The regulations surrounding the transfer come into force from the 1st of July 2011. The new legislation means that from the 1st of October 2011 Dŵr Cymru Welsh Water takes over responsibility for some sewer pipes that currently belong to home and business owners.

For further information please see the Dŵr Cymru Welsh Water website (external link).

Advice is available on the responsibilities for dealing with defective or blocked private drains, private sewers or septic tanks. Where neighbours or other parties are unwilling to co-operate to resolve the problem amongst themselves, the Environmental Protection Section can serve notices obliging those responsible to take remedial action.

The public sewers in Wrexham are the responsibility of Welsh Water (external link) and you can call 0800 085 3968 (or 0800 052 4125 for a Minicom service) for more information or to report a problem.

Please see our detailed Guidance Notes on Private Sewers for further information:

Advice on the use of Septic Tanks – PDF version 43Kb

Advice on Gulleys and Drains – PDF version 37Kb

Advice on Inappropriate Use of Sewers – PDF version 20Kb

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