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 of complaints of this type include smoke and ash from garden bonfires, smoking chimneys, dust from building and demolition activity and cooking smells from restaurants. The legislation does not allow us to deal with complaints of smells arising from domestic premises.
If satisfied that a complaint of statutory nuisance is justified, an abatement notice will be served upon the person responsible, occupier or owner of the premises (as appropriate) requiring that the nuisance be abated. Failure to comply with an abatement notice is an offence and legal proceedings may result. If found guilty of an offence of this type then the maximum fine is £5,000 amount on domestic premises and £20,000 to commercial premises.