The dog wardens will investigate all complaints of nuisance caused by dogs, including noise and smells. We will try to help resolve any problems through advice and assistance but we may have to contact the environmental protection section to help, which may lead to enforcement action for statutory nuisance.
What is a statutory nuisance and how can the council help?
Statutory nuisances are those that have been listed in a written act passed by parliament.
Many complaints received by the council may be a nuisance in common law, but legal action can only be taken by the council if the complaint is defined as a statutory nuisance by the Environmental Protection Act of 1990.
If your complaint is not a statutory nuisance you still have the right under common law to take private legal action. Common law is law that has not been passed through parliament but has developed through legal precedent.
The following points are important in deciding whether a nuisance is statutory and therefore whether the council can take action:
- Noise must be excessive and have a serious effect on the people who live in neighbouring properties - i.e. disturbing their sleep. There would however have to be consideration for the time the noise occurs, the area in which you live and any precautions taken to minimise the disturbance.
Please remember it is a person's basic right to peacefully enjoy their property, but there is no right to total silence - Smells must affect the comfortable enjoyment of a person's property
- The nuisance must be regular or fairly constant. Isolated acts, unless extreme, cannot be considered a nuisance. The problem must normally be continuous and regularly occurring
- The nuisance has to cross a boundary and affect a person's enjoyment of his or her own property. Nuisance can only be established in law if there is material interference with comfort from normal standards. It does not give protection to abnormally sensitive people. The problems of noise must therefore be considerable
- Problems that are seen whilst out walking may not be actioned as a statutory nuisance, but officers from the council may be able to deal with such problems informally
- Trivia cannot be taken into account when determining nuisance
- Neighbourhood character needs to be taken into account. What might be a nuisance in the city may not be so in the country and vice versa
- Trades or businesses have a defence if they have employed all best practical means to minimise disturbance
- The law does not normally apply to crown property