Environment, ASB & nuisance FAQs

Anti-social behaviour is any unsatisfactory behaviour caused by the occupier of the house or any visitors to the house that is deemed an annoyance, nuisance or harassment to people who are not of the same household. This includes, but is not limited to, noise, violence, abuse, threats and the use of the property for any activity relating to illegal drugs.

For rented property, it is expected that landlords adopt robust procedures for dealing with anti-social behaviour relating to their property and undertake to deal with any complaints, which have been made directly to them, via the Local Authority or Police.

Adequate referencing checks of prospective tenants will help reduce the likelihood of letting the property to someone who has a history of anti-social behaviour, although it is still recommended that clauses be put into the letting agreement so that tenants are aware their responsibilities and the process which will be followed if they fail to meet those responsibilities.

If you are being affected by persistent anti-social behaviour complete a complaint of nuisance form

We work closely with the police on these issues. Further information can be found at: Report a crime or antisocial behaviour on the gov.uk website.

There are no by laws or general restrictions on bonfires in the district. If done carefully, the occasional bonfire or barbecue should not cause a major problem, so an outright ban on bonfires would be unreasonable. However, under the Environmental Protection Act 1990, it is an offence to cause a statutory nuisance, and this can include nuisances created by bonfires.

To be considered a nuisance, the bonfire would have to be a regular problem and interfering substantially with your well-being, comfort or enjoyment of your property.  If you are bothered by persistent bonfire smoke, you may wish to approach your neighbours: they may be genuinely unaware that their actions are affecting you.

If you wish to make a formal complaint, please complete a complaint of nuisance form

The Local Authority has a statutory duty to monitor air quality in the district and to take action where levels of certain pollutant exceed specified levels.

This is called Local Air Quality Management (LAQM) and set up by Government under the Environment Act 1995 Part IV and associated regulations.  Under LAQM we regularly review and assess air quality in the area to ensure specific air quality objectives are achieved. Where one or more air quality objective is considered likely to be exceeded the Local Authority must declare an Air Quality Management Area (AQMA) to address the problem.  Most of the objectives are concerned with the protection of human health, although some are designed to protect eco-systems and vegetation.

View the latest Air Quality report 2020 (PDF) [1MB]

Unfortunately we do not offer an asbestos disposal service.

For more information about the safe handling and disposal of asbestos please see either Devon County Council or Health & Safety Executive websites

The district council does not offer a service for collecting/ destroying bees.

Bees are essential for pollination

For further information contact British Beekeepers Association

Construction sites are in the open and are often near existing residential accommodation. Residents will in general accept construction site noise but will complain if work starts early or finishes late or takes place on Saturday afternoon, Sundays or Bank holidays.

Generally, it is expected that the following times are not exceeded on a regular basis where residential occupiers can be disturbed:

0700 to 1800 hours Monday to Friday and 0800 to 1300 hours on Saturdays with no construction work Sundays or Public Holidays.

If you are being affected by persistent construction site noise fill in a complaint of nuisance form.

We are working with Town and Parish councils to try to reduce dog fouling across the district through a mixture of public education and enforcement.

If you know who is causing the fouling, let us know, or times and descriptions of offenders by completing a dog fouling complaint form.

If you have found a stray from outside of the Torridge district, you should contact the authority where you found the dog, it is not a TDC stray.

Do you know who the dog belongs to? Can you take it back to their owner? If you can, that would be appreciated. We're happy to contact the owner afterwards to let them know about the law about straying.

We cannot deal with roaming strays - the dog has to be contained for collection.

If you have found a stray dog, please contact us on 01237 428700.  If an officer is available, we will arrange to collect it from you.  If the Council is unable to arrange a collection on the same day, finders will be requested to hold on to the dog until collection can be arranged.

For dogs found in Torridge you can contact the out-of-hours Standby Officer on 01237 428700. They will record details of the dog in case the owner contacts us. There is no collection or delivery service overnight or at weekends.

It's normal for dogs to bark. However, when that barking turns to loud and continuous barking or frequent bursts of barking throughout the day and night, it can amount to a statutory noise nuisance. A barking dog complaint will be treated in the same way as any other noise complaint and it could lead to us serving a Statutory Noise Abatement Notice on the owner of the dog.

If you are being affected by persistent noise from a barking dog or dogs you can complete a complaint of nuisance form.

Ownership of drainage can fall to South West Water, Devon County Council Highways or householders themselves, depending on the type and age of the drain.

The local authority can take formal action to deal with certain types of drainage issues. Further information can be found on our Drainage page.

It's difficult to deal with noise from fireworks as a statutory nuisance; for something to be a nuisance, it has to be a continuous state of affairs. Occasional or 'one off' displays would not fall under this definition. However, the Fireworks Regulations 2004 prohibit anyone under 18 from possessing fireworks, and anyone except professionals from possessing display fireworks in a public place.

These regulations also prohibit the use of fireworks at night (11pm - 7am) in England and Wales, with extensions to the curfew for the following festivals:

•Until 01:00 on the night of the Chinese New Year

•Until 01:00 on the night of Diwali

•Until 01:00 on the night of New Years Eve

•Until Midnight on 5 November

These regulations are enforced by the Police.  There's a penalty of up to £5,000 or 6 months in prison for breach of curfew.  The supply, purchase or possession of excessively loud fireworks over 120 decibels are also prohibited.

Under the Fireworks (Safety) Regulations 1997 all fireworks for use by the public must meet British Standards BS 7114. Under these regulations, the sale of fireworks to under 18's is banned.  This is enforced by Trading Standards.

The throwing or setting off of fireworks in a highway or street is an offence under the Explosives Act 1875.  This is enforced by the Police, with a fine of up to £5,000.

If you are being affected by noise from persistent use of fireworks from a particular premises complete a complaint of nuisance form.

Some agricultural activities, particularly intensive chicken and livestock housing, may create the right breeding conditions for flies which can then become a nuisance to surrounding properties. Flies can be a statutory nuisance, though this involves locating the source of the problem and the issues giving rise to the problem, which can sometimes be a difficult. In these situations we will work with farmers to advise on fly management best practice.

In order to minimise flies in your home you should frequently clean drains, particularly near kitchens, and cover your waste bins to avoid providing ideal breeding conditions.  Fly control products can be purchased but you should follow the instructions for use carefully.

You must cover any open food to avoid contamination by flies landing on it.

If you are bothered by persistent flies and believe you may know the source, fill in a complaint of nuisance form.

Advice on protecting your home from flooding, along with post-flood clear up advice is available.

It can be found at be found on our Flooding page.

We would urge all residents and businesses affected or worried by flooding to sign up the Environment Agency flood risk early warning notification system

Fly-tipping is the illegal disposal of rubbish without a waste management license. Torridge District Council are keen to pursue individuals and companies that are spoiling our beautiful environment through this illegal activity.

It's a serious offence, punishable by a fine of up to £50,000 or 12 months in prison if convicted at a magistrates' court.  At crown court, the fine can be unlimited and prison sentences of up to five years can be imposed.

If you witness someone fly-tipping, please note down as many details of the event as possible and let us know as soon as possible:

• the date and time that you saw the fly-tippers or discovered the rubbish
• the exact location (a number of mobile apps can help with this)
• details of the items dumped, estimated quantity or volume of waste, is it loose or bagged, is there pollution leaking from the waste
• a detailed description of the person/people dumping the rubbish and their actions
• details of the fly tipper's vehicle; make, model, colour, registration number and any other distinguishing features such as business name

Remember though - don't put yourself at risk

If you don't witness the tipping but think there may be evidence in the waste that could lead to the identification of its source, leave the waste and contact  or fill in a environmental hazard report form; we will search the waste and properly secure any evidence found.

Certain types of artificial light, if improperly sited or used, could give rise to statutory nuisance. When assessing potential statutory nuisance, the we will take into account certain factors including:

• Duration
• Frequency
• Impact - for example material interference with use of property or personal well-being; actually or likely to be adverse to health
• Local environment
• Motive - for example reasonableness of the behaviour of the subject
• Sensitivity of the plaintiff - statutory nuisance relies on the concept of the average person and is not designed to take account of unusual sensibilities.  It is considered 'average' to have some kind of window covering at night - it would be difficult for us to take action on intrusive light where some form of curtain or blind is not in place or used.

There are exemptions to this legislation; the following sources of artificial light cannot be treated as a statutory nuisance:

• Airports
• Railway premises
• Tramway premises
• Bus stations and associated facilities
• Public service vehicle operating centres
• Goods vehicle operating centres
• Prisons
• Premises occupied for Defence purposes

These premises are deemed to require high levels of light for safety and security reasons.  The most common source of complaint is domestic security lights.  If you're being disturbed by your neighbours' lighting, we would encourage you to speak to them first where possible.  Many cases of artificial light nuisance can be solved through simple measures. Remember, when installing a lighting system, the minimum level of illumination necessary to light a property should be used.

If you are being affected by light that does not fall under one of the exemptions above complete a complaint of nuisance form.

There is no formal definition of litter but in practice, litter is most commonly assumed to include materials often associated with smoking, eating and drinking that are discarded and left by members of the public who do not use the proper receptacles such as litter bins.

Dropping or depositing litter on any land in the open air is an offence under the Environmental Protection Act 1990 section 87 and offenders can face fines and prosecution for littering;  see here for fees & charges

You can report littering to environmental.protection@torridge.gov.uk 

We would ask all residents and visitors to our District:

• Do not drop litter - use a street litter bin for items such as wrappers, unwanted food, and food and drink containers. If there is not a street litter bin nearby , please take it home with you. If you are witnessed littering you will be fined and possibly prosecuted.
• Please do not place your domestic waste or recycling, or commercial waste, out for collection until early on the morning of your collection day. (Or as late as possible on the evening before your collection day)

Torridge District Council does not have a legal duty to provide a pest control service to domestic premises and is unable to provide such a service currently. Customers requiring a treatment are recommended to contact a private pest control company, as they should be licensed to use more effective treatments than those available in hardware stores, DIY stores, etc.

Contact details can be found in the telephone listings, the local Press or online.  If you do use do-it-yourself treatments, instructions need to be carefully followed.

Both local authorities and individuals have duties relating to pests on land.  The law requires occupiers of land including property, to rid their land of any substantial infestations of rats or mice.  It is recommended that wasp treatments are only carried out by professionals as wasps can be very aggressive.

Torridge District Council can investigate:

• pests arising from neighbouring land or property
• public health issues - e.g.:  pests in a shop, restaurant or workplace

To report issues arising from neighbouring land or property contact 

If you're being affected by persistent noise from a neighbouring property you can report it by filling in a complaint of nuisance form.

Please read the following information about statutory nuisance:

Statutory nuisance is defined by the Environmental Protection Act 1990. In the UK there is no absolute right to silence within your home.  Therefore, although you may be unhappy with the level of noise you are exposed to, if it does not amount to a statutory nuisance you may have to put up with it.

A statutory noise nuisance is more than where the noise is just annoying, it needs to unreasonably interfere with the use or enjoyment of another property, the problem must occur regularly and continue for a period of time that makes it unreasonable.

There's nothing in the legislation that says that a certain type, volume or time of noise will amount to a statutory nuisance - each case is considered on its own merits.  Many factors are taken into account in determining if the noise amounts to a statutory nuisance, including:

• Location - Is the noise typical for the area? A cockerel crowing in the countryside would be more accepted than that in a quiet residential estate.
• Time of day - A statutory nuisance can exist at anytime of the day, however if the noise happens late at night when most people are sleeping, it's more likely to be classed as a statutory nuisance than the same noise occurring during the day.
• Frequency - How frequently are people being affected by the noise?  Noisy parties every weekend would be viewed differently to one held occasionally.
• Duration - How long does the disturbance last?  A dog barking at the postman for a short while in the morning would be viewed differently to one barking most of the day.
• Intensity - How loud is the noise?  How intrusive?  In determining nuisance we look at how the noise would affect an ordinary individual, not someone who has a particular sensitivity to the noise complained of.

The council investigates noise complaints using their professional knowledge and experience to assess whether the noise complained of amounts to a statutory nuisance.  It's the professional officer, rather than the complainant, who makes the decision on whether noise is a legal nuisance.  Ultimately it's that officer who will have to stand up in court and defend their decision.  Case law requires us to act as the "standard person" when reaching the decision.  Therefore we cannot take into account those who have a different or higher expectation of peace (for example shift workers, people who are studying or people who are ill).

We need to gather evidence of the noise, its effects on complainants and you will be expected to keep records of the noise.  These may be used as evidence in court to support our case.  If and when the noise has been determined to amount to a statutory nuisance, an Abatement Notice will be served.  This will require the nuisance to stop and failure to comply with an Abatement Notice is a criminal offence.

Noise we can't assist with

There are certain noise sources that can be easily dealt with through noise law, but there are some that can't.  We will not be able to help with:

• Normal sounds of living e.g. footsteps, closing doors, talking, toilet flushing, using household appliances during the day etc.
• Traffic / train noise from a road / railway (including essential works and maintenance)
• Babies crying or young children playing
• Normal daytime noise affecting shift workers trying to sleep

Most of us are troubled by unpleasant smells at some time. If the smell does not go on for a prolonged period or is not too unpleasant we can usually cope.

We have a duty under the Environmental Protection Act 1990 to investigate and take action, where necessary, to deal with odour causing a statutory nuisance.  A statutory nuisance includes "any smell arising on industrial, trade or business premises and being prejudicial to health or a nuisance".

The types of problems that we are able to deal with are restricted to the following:

• Fumes from boilers
• Smoke from bonfires or chimneys
• Accumulations of waste (dog faeces, food items)
• Odour arising from the manner in which animals are kept
• Filthy premises
• Odour from industrial, trade or business premises

Smells originating from domestic properties, such as from cooking or smoking odours, are not in themselves covered by the Act.  However, if the smell is arising from an accumulation of something like food waste or dog faeces then it's covered.

What is a Statutory Nuisance?

A statutory nuisance is something which is so offensive and so prolonged that it significantly interferes with the use and enjoyment of an affected property.

The presence of an odour in itself does not mean it amounts to a statutory nuisance.  In addition smell is not something that can be measured and there is no set level where an odour becomes a nuisance.  The chemicals that give rise to smell are normally at exceedingly low levels and sensitivity to smell varies considerably between individuals.

Several factors are taken into account when considering whether or not an odour constitutes a statutory nuisance including:

• Severity
• Nature of smell
• Duration
• Frequency
• Time of day the odour is present
• Whether or not it interferes with the 'average' person's reasonable use and enjoyment of their property.

Judging whether or not an odour constitutes a statutory nuisance can take time especially if the occurrence is unpredictable and only apparent for short periods of time.

All assessments of a statutory odour nuisance carried out by us will be dealt with subjectively based on the evidence gathered during our investigation.

How we Investigate Odour Complaints

You will be required to fill in a complaint of nuisance form and keep a diary, over a period of time of what you can smell, for how long and what time of day.  We will then use this information to determine if there is any pattern to the problem and then seek to find the cause and resolve the issue.

If the odour is found to be giving rise to a statutory nuisance then an Abatement Notice requiring the person responsible to take action to stop the odour may be served.

Sometimes, however, there is nothing further that can be done.  You should be aware that if you live close to sewage works, farmland on which slurry is spread, refuse tip or certain other smelly activities, you may be able to smell those activities from time to time.  All the Council can do in those circumstances is to check that the company responsible is taking reasonable steps to minimise the odours.

The council's Environmental Health team is a statutory consultee on planning applications. We review and make recommendations on planning applications, so that potential problems can be identified, prevented or managed with effective planning conditions.

This makes sure that:

• existing homes, facilities, businesses or other development are not unacceptably affected by new development; and
• new development is not unacceptably affected by existing development, facilities or businesses
• When potential problems are identified, the applicant has the opportunity to look at how these can be dealt with to prevent problems during construction or afterwards.

We will normally restrict comments to environmental protection, licensing, food and public health matters. These include:

• air quality;
• dust (usually only during construction);
• lighting, if it has the potential to cause nuisance to neighbours;
• noise, including:

1. existing noise affecting the development;
2. noise associated with the construction;
3. noise from the development affecting other noise sensitive properties; and
4. noise associated with the operation of the development such as from deliveries or other vehicles using or serving the site;

• odour (smell);
• vibration (usually only during construction, but may include on-site plant); and
• waste management facilities
• Licence, permit and registration requirements

All communication on these matters is carried out internally with Planning officers, unless direct contact with outside parties is agreed with the Planning case officer.  This ensures that the Planning case officer is fully aware of any communications with the applicant, their agent or other parties.  Environmental Health will not accept or respond to any objections or complaints in relation to planning decisions.  These should be made to the Planning case officer.

Radon is a colourless, odourless and tasteless natural gas found in soil and rocks. Levels vary throughout Torridge from parish to parish and even from house to house in the same street.

We all breathe in radon throughout our lives and for most UK residents it accounts for approximately half their total annual radiation dosage.  However, certain geological conditions, including those found in parts of Torridge, can lead to above average radon levels. 

Radon is considered as a significant contaminant that affects indoor air quality worldwide.  It is reportedly the second most frequent cause of lung cancer, after cigarette smoking.  People who are exposed to high levels of radon are more likely to get lung cancer (much more so if they are smokers as well).  It is estimated that radon causes 1,000 - 2,000 lung cancer deaths per year in the UK.

In open spaces, when radon mixes with air, it is quickly diluted into the atmosphere.  However air containing radon can find its way into your home or workplace, mainly through cracks in floors and gaps around service pipes from the ground below.  Until you have a test carried out you cannot know what the level of radon will be in your property.  However, you can find out if your property is in a higher or lower risk area.

To enable radon initiatives to be targeted effectively, the most radon-prone areas are designated by Public Health England (PHE) as Affected Areas, defined as those areas with a greater than 1% chance of a house having radon levels above the Action Level of 200 Bqm-3.  PHE recommends that people in Affected Areas should test their homes for radon.  PHE has issued radon maps of England and Wales which show the areas of the country classed as 'Affected Areas'.

Torridge is a rural district and as such not all homes and business have access to a water supply from South West Water.

If you get your water supply from other means then you're said to have a private water supply.  There are many types of private water supply.  It's important that these supplies are installed, maintained and monitored to ensure that the water is safe to drink.  More information on this can be found here.

Torridge District Council has no legal powers over the quality of mains supplies.

The duty to provide good quality mains water in this area is that of South West Water; you should contact them with any concerns you may have  However, the  does have a watching brief and will offer advice/guidance on any mains water concerns you may have.

Asbestos can be dangerous to human health if it has been disturbed or damaged and must be disposed of safely. 

What is asbestos? - it's a mineral which was commonly used in buildings and as fire proofing from the 1950s to the mid-1980s. There are three types; white, blue and brown. However, it cannot be identified by its colour as it is often incorporated with other materials.

Health risks - When fibres from damaged or disturbed asbestos are inhaled into the lungs, there is a risk of developing serious or even fatal diseases.

Where is asbestos found? - It can be found in any home built before the year 2000, in wall panels, drain pipes, tiles, gutters and heating systems.  Asbestos cement is also commonly found in gardens, sometimes as corrugated roof cement panels or sheeting on sheds and garages, but more usually fragments buried in the soil.

What should you do if you find or suspect asbestos at your property? - It's perfectly safe to leave it unless it is damaged. If you do discover fibres or fragments of asbestos, removal will be required.

How do you get asbestos removed? - Hire a contractor. Some asbestos removal, which is particularly risky, requires that the contractor is licensed by the Health & Safety Executive

However, you can remove cement-bonded asbestos yourself,  but you must take the following precautions given the health risks:

• Wet the material before handling with disposable gloves
• Do not break, grind or saw the material, try to keep it intact
• Take the material apart in complete sections where possible
• Put gloss paint on broken edges, or soak them thoroughly before you start work if the material is damaged
• Use an appropriate dust mask and disposable overalls and dispose of these as waste once finished
• Double-bag the material in two strong plastic bags, seal with duct tape and label the outer bag

Disposing of asbestos - It must be disposed of safely at a waste & recycling centre which accept cement-bonded asbestos. You'll need to contact the centre you intend to use beforehand. 

Anyone caught fly-tipping will be prosecuted

Rental properties - If you live in a rented property you should report this to the housing association or private-rental landlord