The Council can take action under Section 80 of The Environmental Protection Act 1990 in cases where accumulations of waste give rise to odour (or flies) that constitutes a statutory nuisance. Whether or not odour constitutes a statutory nuisance depends on several factors, including, the presence of the waste, the severity of the odour, the duration of the odour episodes, how regularly they occur, and whether they would interfere with the “average” person's reasonable enjoyment of their property.

An unpleasant odour in someone’s garden in the winter that does not enter their house would not constitute a statutory nuisance as the “average” person would not be expected to spend significant periods of time in their garden during cold weather. However, during warmer weather they are more likely to be in the garden and therefore the same odour would be more likely to constitute a statutory nuisance.

Urban foxes can cause problems with their faeces etc. For further information on urban foxes and their control please visit the Fox Website.

The Clean Air Act 1993 introduced a wide range of new regulations and powers to Local Authorities, such as those which control smoke emissions from commercial and domestic premises.

Subject to certain exemptions for domestic properties,  when a new furnace or other heating plant associated with a chimney is to be installed it is necessary to obtain approval for the height of the chimney to be used in conjunction with the appliance.  The Clean Air Act 1993 makes it an offence to cause or knowingly permit a furnace in a commercial premise to be used to:

• burn pulverised fuel, or

• burn any solid matter at a rate of 45.4kg or more an hour, or

• burn any liquid or gaseous matter at a rate equivalent to 366.4kW or more,

unless the height of the chimney has been approved by the Council and any conditions attached to approval have been complied with.

Subject to limited exceptions, the Clean Air Act also gives the Council the power to prosecute any commercial premises if they allow thick dark smoke to be emitted from their premises.

Garden bonfires are the main source of complaint regarding smoke problems. While there is no legislation banning bonfires, smoke from them can constitute a statutory nuisance and possible action. Where possible we would recommend that waste material be taken to a civic amenity site for disposal, or if practicable, composted or recycled