Suffolk Coastal has powers to deal with smoke, dust or fumes
that amount to a statutory nuisance under the Environmental
Protection Act 1990, Section 79. Statutory nuisance is not easily
defined. In general terms it is something that interferes
unreasonably with your enjoyment of your property, a regular
disturbance that continues sufficiently to be deemed
unreasonable.
One-off occurrences such as dust from an initial site clearance,
or occasional bonfires are unlikely to be considered a statutory
nuisance.
Dark smoke emitted from industrial or trade premises (vehicle
tyres being burned on commercial premises for example) is an
offence under the Clean Air Act 1993 and would need to be witnessed
by an officer from the Environmental Protection Team at the
earliest opportunity.
Bonfires
Bonfires produce smoke, toxic chemicals and can cause annoyance
to neighbours. Much of the rubbish we create can be recycled so if
you have a brown wheelie bin please use it to
recycle your garden waste. Lighting a bonfire
should be a last resort when there is no other suitable means of
disposal. Follow this link to view our leaflet giving
advice on lighting bonfires (PDF 32KB) and
explaining what you can do if a bonfire affects you.
What should I do if I have a problem with smoke, dust or
fumes?
Often, the best method is to approach the person responsible and
explain politely that you are being troubled by the smoke or dust.
In most cases, people are unaware of the problem they are
causing.
If this is not possible or if the problem with smoke, dust or
fumes continues, contact the Environmental Protection Team on
01394 444624 or email
environmental.protection@suffolkcoastal.gov.uk.
We will need your name and address and the details of where
the smoke or dust is coming from.
We will probably ask you to complete a complaint record form,
noting the times and dates of occurrences, and to return it to us
within 21 days. This information enables us to target our
monitoring visits to times we are most likely to witness an
occurrence of the problem and can also be quoted in court if legal
action is taken. Follow this link
to download a complaint record form (PDF
14KB).
If we cannot assist you following our investigation, you may
wish to take your own private action for nuisance through the
Magistrates' Court without involving the Council.
You can also
use the online report a problem facility on the
onesuffolk website to report nusiance caused by smoke,
dust or fumes in the Suffolk Coastal district and other
council areas in Suffolk.
Follow this link for help
with downloading and opening PDF files. Please
note that all documents open in a new browser
window.