09 February 2012There are many things our neighbours do which can cause some annoyance just as our own behaviour can annoy our neighbours. There needs to be some consideration between neighbours and some 'give and take'. Problems can arise when either one or both neighbours do not treat each other with respect and consideration for their feelings or have different expectations of what is 'acceptable'. Many of these problems can be sorted out informally.
In most cases, a direct and informal approach to the person responsible for causing the problem is the best way to resolve the matter. If they don't know it's a problem they can't deal with it.
The Council receives many complaints from people whose lives are disturbed by the actions of others. We can investigate such matters and take action should the problem be classed as a Statutory Nuisance. In many cases we will ask that those concerned try to resolve the situation informally or with the help of mediators in the first instance.
Mediation
West Kent Mediation Service provide a free service that makes use of trained mediators to help you and your neighbour find a solution to the problems.
West Kent Mediation Service
25 Bevan Place
Swanley
Kent
BR8 8BH
01322 615774
theoffice@wkm.org.uk
Free advice is also available from your local Citizens Advice Bureau.
What is a Statutory Nuisance?
The law says that any person who occupies a house or land is entitled to enjoy their property without interference or nuisance from others; equally your neighbours have the same rights so you are not allowed to cause a nuisance to them.
It is difficult to define what sort of behaviour is a statutory nuisance but a loose definition would be 'what an ordinary, reasonable person would consider unacceptable'. Personal circumstances are not taken into account when assessing nuisance, for instance a bonfire is not a nuisance just because you have asthma.
A Statutory Nuisance is something which seriously disturbs the comfort and enjoyment of a person's property including:
Action cannot be taken purely because something is unsightly, if it relates to glare from lights or disturbance from the highway.
Making a formal complaint to the Council
If you wish to make a formal complaint about a nuisance contact the Council on 01732 227000 or environmental.protection@sevenoaks.gov.uk.
We are unable to action anonymous complaints.
The Council is unable to tell if a complaint is valid until further investigations have taken place and data collected about the frequency of the nuisance. The identity of the person making the complaint is not disclosed unless they have to be called during a court hearing. The usual procedure is as follows:
Rapid Response Service
Where possible, this service operates Monday to Friday during office hours. A member of the Environmental Protection Team will be available to respond soon after the complaint is received to offer advice to those affected and take action where necessary to those causing the problem.
Out of Hours
The Council has a formal standby arrangement when officers are available to respond to serious incidents; it is not intended to provide a normal 24-hour service. Serious nuisances occurring out of hours can be reported by calling the Council's main number on 01732 227000, you will then be given a number of options, one of which will be to speak to a member of staff who deals with out of hours calls. Alternatively, you can email environmental.protection@sevenoaks.gov.uk.
What happens if the problem is not deemed a Statutory Nuisance
If, after investigation, the Council is unable to take formal action, the reasons for this decision will be fully explained to you. Advice will be available as to the course of action available to you, including private action in the Courts.
For more information contact the Environmental Health Section on 01732 227000 or email environmental.protection@sevenoaks.gov.uk.
