Postcode Search

Taking your own action


What if the Environmental Protection Team feel there is not enough evidence?

The Environmental Protection Team will take all reasonable steps to gather sufficient evidence to take your complaint further, however in some cases we will not be able to establish that there is a legal nuisance. In these cases individuals can take their own action for nuisance through the Magistrate's courts under section 82 of the Environmental Protection Act 1990. You may wish to seek advice from The Citizens Advice Bureau to assist you in your decision to take further action. 

Before doing this, the following steps may help to resolve the problem informally:

  1. Politely speak - to the person face to face causing the nuisance, where it is safe to do so and explain the effect it is having on you, or you could write to them.
  2. Gather evidence - keep a diary of written evidence of times and dates the nuisance is affecting you. Also digital camera, video's or mobile phone recordings may help.
  3. Know the source - establish the exact address of where the nuisance is coming from.

Complain to the Courts

If the nuisance continues after making contact with the person causing the nuisance you may wish to approach the Magistrates Court for your case to be heard. The magistrate will need to be satisfied that your complaint is justified and your diary will help prove your case. The Court procedure is straightforward and there is no need to feel daunted if you have no previous experience.

Under the Environmental Protection Act 1990 Section 82 (6) and (7) you are required to give at least three days written notice of your intention to bring proceedings against the person responsible for the nuisance.

Contact the Chief Clerk at The Magistrates' Court, St John's Road, Taunton, Somerset, TA1 4AX. Telephone 01823 257084 and inform the Court of your address and your intention to take action under Section 82 of the Environmental Protection Act 1990. You will be advised of a day and time you are required to attend Court.

Useful Links

Legislation

Organisations/Professional Bodies