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Statutory Nuisance

Statutory nuisance, waste and problems with gardens

We want to make sure North Lincolnshire is a safe, green and clean place to live. Sometimes the actions of other residents can affect your enjoyment of your property or neighbourhood. Whether you are affected by waste in your neighbour's garden or smoke nuisance, we can help.       

Once we receive your complaint, we aim to contact you within two working days: either by telephone, email or letter.

If we find that we need to take action against your neighbour or the person you are complaining about, we have various options available to us.

These options include:

  • Abatement Notices (for statutory nuisance)

  • Community Protection Notices (for issues which are not defined as statutory nuisance)

  • Informal action

Here are some examples that may represent a statutory nuisance:

  • Piles of household waste in a back yard
  • Piles of dog mess in a garden
  • Barking dogs, loud music
  • Smoke from regular garden bonfires
  • Security lighting shining into a bedroom
  • Infestations of pests such as flies
  • Smell from a pigeon loft that is not cleaned out regularly  

Part three of the Environmental Protection Act 1990 requires councils to take reasonable steps to investigate and, if appropriate, take formal action on justified complaints of statutory nuisance.

If we find that a complaint of statutory nuisance is justified, we will issue an Abatement Notice. This will be served on the person responsible or the owner/occupier of the premises (as appropriate). The notice orders them to stop the nuisance.

Failure to comply with an Abatement Notice is an offence. It may result in legal proceedings and if found guilty of an offence the maximum fine is £20,000 and/or six months in prison.

If the problem cannot be dealt with as a statutory nuisance, we may be able to serve a Community Protection Notice.

Community Protection Notices are issued in accordance with the Anti-Social Behaviour, Crime and Policing Act 2014. Notices will always be preceded by a formal written warning (a Community Protection Warning). These usually give the person they are served on a fixed period of time to do something - for example, make improvements to a garden.

Breaches of Community Protection Notices can be dealt with via Fixed Penalty Notices (fines) and/or prosecution.

If you live in a property owned by Ongo Homes, or the neighbour causing a nuisance lives in an Ongo property, you must report your concerns to them first. If further action is needed, the Housing Officer will refer the complaint to us for action.

To make a complaint, you can either visit the Ongo website or call Ongo on 01724 297700.

To report a problem garden or property, please email us on environmental.health@northlincs.gov.uk. You will need to attach a photograph of the issue you are complaining about along with the address it relates to.

For example, if you want to complain about waste or dog faeces in your neighbour's garden, please environmental.health@northlincs.gov.uk and include:

  • A photograph of the garden and the issue
  • The address of where the problem is
  • How it affects you

If you want to report noise nuisance, please visit our Noise Nuisance page.

Waste - Mr Duarte Goncalvas Pires (for web)

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Opening hours

Monday to Thursday: 8.30am to 5pm

Friday: 8.30am to 4.30pm

Closed Saturdays, Sundays and bank holidays

Last updated: 20/04/2018