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Pollution control - abatement notice

A statutory nuisance in this context can include emissions of smoke, fumes or gases, dust, steam and smell. The emissions must arise from premises and must materially affect the use of enjoyment or other premises.

Typical complaints of this type include:

  • smoke and ash from garden bonfires
  • smoking chimneys
  • dust from building and demolition activity
  • cooking smells from restaurants

The legislation does not allow us to deal with complaints of smells arising from domestic premises.

We can serve an abatement notice on the person responsible for a statutory nuisance of this type. Failure to comply with an abatement notice is an offence that might result in legal proceedings. If found guilty, the maximum fine is £5,000 for domestic premises and £20,000 for commercial premises.