Pollution Service Standards

(PA) Noise, Air Pollution and Other Alleged Nuisance Requests

We will respond to Service Requests by:

1. Sending a standard letter to the Location (the person alleged to be responsible for the issue, bringing the allegation of nuisance to their attention and if there is any merit to the complaint, requesting that action is taken to prevent the issue. Identifying information (e.g. details of the person who has made the request, their address, etc.) will not be provided to the location.

Target: Ideally within two working days and in any event, within seven working days.

2. Sending a standard letter to the Requester (the person who has made the complaint), confirming their request and where required, providing an incident diary to be completed and returned if the problem continues or recurs.

Target: Ideally within two working days and in any event, within seven working days.

3. Where noise recording equipment may be used and to comply with the Regulation of Investigatory Powers Act 2000, we will inform the Location at the outset that we may use recording equipment. We will not advise them when the monitoring is being carried out.

4. If an incident diary has been returned and assessment indicates a possible nuisance is occurring, a further standard letter will be sent to the Location, requesting action to address the issue. A further standard letter will be sent to the Requester, requesting completion of an additional incident diary. 

Target: Ideally within two working days and in any event, within seven working days.

5. If the additional incident diary (or other requested evidence) is returned and following assessment by an officer, indicates that a statutory nuisance may exist, we will arrange for further investigations to witness the issue and to confirm whether a nuisance is occurring. This may include:

  • visits by an officer to the Requester and/or Location address
  • use of calibrated noise monitoring equipment, including monitoring equipment left at the Requester’s property
  • completion of additional incident diaries.

Target: Ideally within 10 working days and in any event, within 20 working days, subject to the availability of noise monitoring equipment (where required).

6. After 30 days, requests will be closed without further notice if no contact (e.g. providing an incident diary or other evidence of ongoing nuisance) is received from the Requester. Timeframes are outlined in the letters at steps 2. and 3., overleaf.

7. If contact is subsequently made and it has been over six months since the initial Request was made, a new Service Request will be created and the process will recommence from step 1., overleaf.

We will not investigate:

  • unless the Requester provides their name, contact details and address and a location (source) address for the alleged nuisance.
  • unless an incident diary (or equivalent) where requested, is completed and returned following steps 2. and/or 3., above and it indicates that a statutory nuisance may be occurring.
  • if, following three attempts to witness the problem (e.g. visits, monitoring etc.), it has not been possible to substantiate a nuisance.
  • if the Requester fails to cooperate with reasonable requests, including access to their property to witness the issue and installation of noise monitoring equipment.
  • where the Requester provides false, misleading or otherwise malicious information, or is abusive or threatening to council officers.
  • it may not be possible to proceed with investigations where a Requester is unable or unwilling to provide evidence, witness statements or attend court to give evidence in support of their complaint.
  • where an investigation previously failed to substantiate a nuisance and there is insufficient evidence that the situation has significantly changed.
  • if the problem reported is beyond the scope of the mandatory powers of the legislation (e.g. odour cannot be actioned as a nuisance from a residential source).
  • in the case of discretionary powers, if investigation is not deemed to be a public health or safety priority or present the most effective use of resources, or where relevant case law, or statutory defence (e.g. best practicable means) prevents further action.
  • where any of the above occur, we will advise the Requester why the complaint cannot be investigated.

Target: Ideally within two working days and in any event, within seven working days.

We may use an alternative approach to the above if:

  • the reported nuisance is likely to cause widespread significant impact and where there have been at least two complaints received from separate households within eight hours, or if the complaint relates to an audible intruder or vehicle alarm, and in either case where the issue it is still taking place. In these situations, we will endeavour to visit or take other action to try and address the issue the same day, or in any event, by the end of the next working day.
  • the reported issue is within the remit of another council department, different organisation or is better suited to an alternative regulatory approach. In these situations, we will advise the Requester of the approach that will be taken. This may include:
  • referral to another agency such as the Environment Agency, West Sussex County Council, Sussex Police or the Health and Safety Executive.
  • referral to another council department including Planning, Housing, ASB and Licensing.
  • using alternative regulatory provisions, such as those relating to Environmental Permits, the Control of Pollution Act 1974, or the Anti-Social Behaviour Crime and Policing Act 2014
  • Providing advice to the requester of other avenues available to them where the council has determined not to take any further action, such as mediation, or taking their own action for statutory nuisance under Section 82, Environmental Protection Act 1990.

Target: Ideally within two working days and in any event, within seven working days.

  • Where a reported nuisance is substantiated, we may provide advice on best practice to the duty holder, however we will not provide consultancy services on nuisance abatement.
  • Appropriate action will be considered in line with the Enforcement Policy.

(PB) Industrial Pollution Control Permits

We will deal with processes controlled by the Pollution Prevention and Control Act 1999 as follows:

1. Discussing the process and application with the applicant providing up to 30 minutes of free advice.

2. Pre-application advice for more than 30 minutes, or which requires a visit or relates to an advisory inspection, will attract the published fee.

Target: determining new applications and issuing a Permit or refusal: ideally within two calendar months and certainly within the statutory time limit.

3. Where appropriate and as may be required by law, we will consult with relevant stakeholders prior to determining applications.

4. Provide an initial draft of the Permit to the applicant for comment before the Permit is issued.

Target: issue Variation Notices: ideally within two calendar months and certainly within the statutory time limit. Where variations are minor and urgent, they will be considered ideally within two working days but certainly within seven working days.

5. Inspecting premises on a risk basis but at a minimum in line with guidance. This may include use of pre-inspection questionnaires or remote inspections as appropriate.

Target: investigating complaints/breaches: ideally within two working days but certainly within seven working days. Action will be taken in accordance with the Enforcement Policy.

6. If unauthorised processes come to our attention, we will request an application and evidence will be taken and considered in accordance with the Enforcement Policy.

Target: permits will be reviewed every eight years.

(PC) Clean Air Act 1993 Applications

Target: consider applications under the Clean Air Act 1993 and issue approvals/rejections: ideally within two weeks but certainly within four weeks.

1. If unapproved installations come to our attention, we will request an application for approval and evidence will be taken and considered in accordance with the Enforcement Policy.

(PD) Contaminated Land

1. We will maintain an online Public Register of contaminated land and keep records of sites in the district that have been subject to potentially contaminative uses.

2. We will respond to Environmental Information Requests in relation to contaminated land within the statutory time frames. Requests of this nature will attract the published fee.

3. We will follow our strategy to identify, risk assess and if appropriate, require remediation of such sites as determined by the Environmental Protection Act 1990, Part IIA.

4. We will provide comments and advice to internal departments and external organisations regarding proposed development of any such site.

(PE) Section 61 Control of Pollution Act 1974 (prior consent for construction sites)

Target: determine complete applications within 28 days.

1. Pre-application advice of more than 30 minutes, or which requires a visit or relates to an advisory inspection will attract the published fee.

2. An initial draft of the Permit will be submitted to the applicant for comment before the Permit is issued.

3. Where appropriate and as may be required by law, we will consult with relevant stakeholders prior to determining applications.

4. We will publish approved Permits (conditions) via the online public register.

Target: investigating complaints/breaches: ideally within two working days but certainly within seven working days. Any action taken will be in accordance with the Enforcement Policy

Revision Record

Version

Date

Details

V1 – New

13 October 2023

Full revision and update