Under the Environmental Protection Act 1990 it is an offence to cause a statutory nuisance, this may relate to noise, accumulations, odours, fumes and dust emitted from a premises.
A nuisance must be witnessed by an Environmental Health Officer and in the opinion of that Officer must seriously interfere with your ability to continue living a normal life. The Officer will have to make an independent judgment, taking into account the type of nuisance, duration, intensity and frequency, as to whether the nuisance is merely an annoyance or can be classified in the more serious category of statutory nuisance.
It is very important that you provide suitable evidence in the first stage, which shows how the problem is affecting you and that more formal investigations can be carried out.
Although this department will endeavour to resolve matters informally, you must also be prepared to provide evidence in court.
In addition, a person affected should appreciate that the law requires a degree of tolerance and reasonable action by both parties. Commercial and Industrial premises are required to show that they are employing the best practicable means to reduce their impact, just as complainant are expected to appreciate that zero impact is unachievable.
Local authority pollution, prevention and control
Local Air Pollution Prevention and Control (LAPPC) is a regulatory regime for controlling pollution from certain industrial activities. Ribble Valley Borough Council is responsible for issuing permits and inspecting all Part A2 (LA-IPPC) and Part B (LAPPC) installations within district.
The piece of legislation covering the regime is the Environmental Permitting Regualtions (EPR) 2010. Details of EPR can be found on Department for Food, Environmental and Rural Affairs (DEFRA) website.
The industrial activities caught by the Pollution Prevention Control element of the Environmental Permitting Regulations are split into three categories and are regulated by two different regulators:
- Part A(1) - The Environment Agency
The Environment Agency regulates what is considered to be the most polluting of the three industrial categories, A(1) activities. These are regulated for multi-media emissions such as air, land, water and other environmental considerations.
- Part A(2) and Part B - Local authorities
Local authorities regulate the comparatively less polluting Part A(2) activities (multi-media regulation) and the lesser polluting Part B activities (these are regulated for emissions to air only).
Any person operating a process that requires a permit must submit an application form, with a fee, to the local authority. The authority must then issue an authorisation in accordance with government guidance. The operator of the prescribed process must comply with the conditions of the permit and they will be subject to inspection by the authority.
If you are an operator of a business and are unsure whether you need a permit, then contact us at firstname.lastname@example.org or 01200 414464
Do you have a list of all the permitted installations in Ribble Valley and can I see it?
Download the list of all current permitted installations regulated by the Council. Details of all installations regulated by the Environment Agency including Castle Cement and Johnson Matthey are available from the Environment Agency website or on 0800 807060.
Can I see the public register of permitted installations?
Ribble Valley Borough Council maintains a public register of all the permitted installations in the borough. The public register is available for inspection Monday - Friday 8.45am - 5.00pm at the Council Offices, Church Walk, Clitheroe, BB7 2RA.
For more information, please contact the Environmental Health Department on 01200 414464 or email email@example.com