Air Pollution Complaint - Domestic

Summary 

Advice and the investigation of complaints in respect of air pollution from Domestic premises. The assessment of the problem with regard to relevant legislative standards and the resolution of the complaint, where appropriate, by negotiation and or enforcement. 

Eligibility 

The Service is available to anyone. 

Procedure 

On receipt of your request for service an Officer will contact you to confirm the details you have already given. They may give advice and may ask for further information about the issue. They will outline actions that may be taken to investigate and resolve your problem.

If the problem is severe officers will act as soon as they are able. More usually the Officer will contact the person allegedly causing the problem, advising them that a complaint has been made and that investigations will be made should further complaints be received.

At the same time we will write to you to confirm that contact has been made with the person allegedly causing the problem. We will also ask you to complete a diary record, giving details of any further problems during the following 2-4 weeks.

If there has been no improvement in the situation the diary record should be returned to us so that an assessment can be made.If we do not hear from you after a period of 28 days, we will assume that the matter has been resolved and the case will be closed.

On the receipt of a completed diary record we will assess the extent of the disturbance. Where appropriate an Officer will carry out a site visit to monitor the problem. Where necessary visits can be made outside office hours.

Where Officers are satisfied that sufficient evidence exists to justify the complaint, a further letter may be sent to the person causing the problem or a visit may be made to the household causing the problem.

Where there is insufficient evidence of an offence the Council may be unable to take any further action. Where an Officer is satisfied that an offence is being committed, a legal notice, under the appropriate legislation may be served on the person causing the problem. Any notice will require the person to stop causing the problem and may also require works to achieve this to be carried out within a specified time. Failure to comply with the notice is an offence that the person could be prosecuted for, subject to the necessary evidence being obtained. Alternatively, the Council may seek to carry out works itself.

Where the person is a tenant, the Council may liase with their landlord to discuss whether action may be appropriate under the terms of their tenancies. 

Helplines 

Regulatory Services, Pollution Team: 01226 772468 e-mail: regulatoryservices@barnsley.gov.uk

South Yorkshire Fire & Rescue Service: 0114 2727202.

Berneslai Homes: 01226 770770

Environmental Protection UK: 01273 878770 Environmental Protection UK 

Charges/Fees 

There is no charge for this service. 

Opening Times/Locations 

Monday-Thursday 8.30 to 17.00, Friday 8.30 to 16.30 

How the customer can help 

Your request for service (complaint) should include the following information:

• The address/site/area that is causing concern.
• When and for how long the problem was noticed.
• How the problem affected you or another person.
• Any action you have taken to resolve the problem yourself.  

Leaflets 

Service will provide where appropriate.

See the following Environmental Protection UK leaflets: Garden Bonfires Domestic Smoke 

Distribution Points 

Contact the Pollution Control Team directly. 

Legislation 

• Environmental Protection Act 1990
• Clean Air Act 1993
• Human Rights Act 1988
• Data Protection Act 1998  

Response Times/Next Steps 

Following contact with the Pollution Control Team to make a request for Service or complaint an officer will respond to you within a maximum of 3 working days to verify the details and explain the procedure for your request. 

Out of Hours Procedure 

This service is only available within office hours. However, where problems already under investigation require site visits outside of office hours, these can be arranged if necessary. 

Owner Officer Contact Details 

Principal Officer
Pollution Control,
Regulatory Services,
PO Box 602, 
Barnsley,
S70 9FB. 

Frequently Asked Questions 

Q. Do I have to give my name and address?
A. Yes, the details of your address are essential in order to assess whether the problem is likely to constitute statutory nuisance as, the Officer may have to assess how the poor air quality is affecting someones enjoyment of their premises. For complaints regarding dark smoke, or smoke from chimneys, details are not essential but will enable us to update you on progress and action taken.

Q. Will my details be revealed to the person causing the problem?
A. Complainants details are confidential. However, you may be required to appear in Court as a witness. This would be discussed with you fully at the time and your wishes taken into account

Q. Can I take my own action, to resolve the situation?
A. Yes, Officers can advise you how to go about collating evidence to take your own legal action in cases of statutory nuisance. However, we would also recommend that you seek advice from a Solicitor if you are considering this.

Q. Can I burn a particular item/fuel?
A. Contact the Pollution Control Team for specific advice.

Q. Is it illegal to burn bonfires?
A. No - however the Fire Brigade discourage burning at night as it may lead to unnecessary calls to the emergency services. Bonfires must never be left unattended when lit.

You can also complete our online form to report a problem on Air Pollution - Domestic 

Related Links:

Environmental Protection UK 

Last modified on 17/9/2008