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Pollution control - penalty notice

Part 3 of the Environmental Protection Act 1990 requires us to take reasonable steps to investigate and, if appropriate, to take formal action to resolve complaints of statutory nuisance.

The Clean Air Act 1993 enables Local Authorities to control smoke from domestic and industrial sources.
 
A Statutory Nuisance can include emissions of smoke, fumes or gases, noise, dust, steam and smell. The emissions must arise from premises and must materially affect a persons use or enjoyment of other premises.

Complaints may be as varied as smoke and ash from garden bonfires, smoking chimneys, dust from building and demolition sites, cooking smells from restaurants, noise from loud music or barking dogs.

If satisfied that a complaint of statutory nuisance is justified, an Abatement Notice will be served upon one of the following, requiring that the nuisance be abated:

  • the person responsible for the nuisance
  • the occupier or owner of the premises

Failure to comply with an Abatement Notice is an offence and legal proceedings may result. If found guilty the maximum fine is £5,000 on domestic premises and £20,000 on commercial premises.

How to contact us

Environment and Development Services
Environmental Services
Textile Hall
Manchester Road
Bury
BL9 0DG 

Phone: 0161 253 5566
Fax: 0161 253 5563
E-mail: environmentalhealth@bury.gov.uk
On-line: make a comment or request advice