Taking action yourself

Should there be insufficient evidence of statutory nuisance for the Council to act, you might consider taking legal action yourself.  This can be done under Section 82 of the Environmental Protection Act 1990.

This can be relatively straightforward and need not cost much.  You do not need to employ a solicitor, but it is advisable to obtain some legal advice before embarking on this course of action.

If you can convince the Court that your complaint is justified, the Court may require the offender to abate the nuisance.

However, should you fail to prove your case you may have to pay some of the defendant's costs.

North Devon Mediation Service also provides an independent service to try to resolve neighbour disputes.