Investigations hub
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Noise and other statutory nuisances
Business practices and regulation
Other nuisance and detrimental behaviours
Officers carry out investigation into across a range of offences and regulatory matter with the key objectives to:
- stopping illegal or detrimental behaviour
- enforcing the legislation against those people who break the law
- correcting or require the person responsible to correct, issues caused by their activity
- educating those who have breached to ensure that they understand the law and their responsibilities
- monitoring future compliance to make sure the problem does not happen again
We also work closely with the council’s neighbourhood enforcement patrol officers, conducting follow up investigations in more complex cases freeing up patrol officers to continue to delivery front line services where they are needed.
Environmental crime
This covers a wide range of illegal activities, including:
- fly tipping and other waste on the street or private land
- burning commercial waste
- failing to properly dispose of commercial waste
- businesses who do not retaining two years’ worth of waste transfer notes
- household allowing waste to be taken by unlicensed waste carriers
As well as investigating, and bringing to court where possible, those people who are responsible for a crime, such as fly tipping, we will also look at the responsibilities of land owners over their property.
This may involve serving notices on land owners requiring then to clear their land, but if the land is regularly used to deposit waste, requiring them to take steps to secure it. The council may even carry out the work itself and then bill the land owner for payment.
Noise and other statutory nuisances
There are a range of different types of statutory nuisance and these are outlined in section 79 of the Environmental Protection Act 1990.
All statutory nuisances must be unreasonable and cause substantial interference to the use and enjoyment of a resident’s property or be injurious, or likely to cause injury, to health in order for the council to be able to take action to stop them. Below are more details on the main statutory nuisances we deal with.
Examples of commonly reported noise nuisance
- loud music
- barking dogs or other noisy animals
- people shouting or arguing
- building work and DIY
- house and car alarms
However, normal household noises are unlikely to be a statutory nuisance. Such as:
- use of domestic appliances
- children playing doors
- closing doors
- footsteps
We are unable to investigate
Noise which is:
- intermittent, irregular, unpredictable
- noise occurring from an unknown premises, such as most firework noise
- traffic, aircraft and most railway noise
Information sheets for residents
- Types of noise Nuisance
- How we investigated Noise Nuisance
- Fireworks
Information sheets for business
- Construction and demolition sites
- Pubs, clubs and venues
- Noise and Odour from food premises
This includes:
- domestic bonfires – see advice guide on Bonfires
- domestic chimneys - see advice guide on Smoke Control Areas
- burning or builders waste or other commercial waste is generally illegal as it is an offence to treat, keep or dispose of controlled waste in a manner likely to cause pollution of the environment or harm to human health.
We cannot deal with smoky vehicles, however, if the vehicle is a lorry or bus, you can report these to DVSA.
We can only deal with these matter if caused by a commercial or industrial site. There is usually nothing we can do about, for example, a smell from a residential property. However, if that smell is caused by another factor, such as waste or the keeping of animals, then, indirectly, action may deal with the smell.
This relates to the impact of keeping animals, other than noise caused by them.
Animals which are kept in such a place or manner so as to cause a nuisance. For example:
- a pigeon loft may cause a smell or guano to be deposited in the locality
- a chicken coup may attract rats if appropriate control steps are not taken
We cannot deal with wild animals or pets over which the owner cannot be expected to exercise control, for example, cats.
Problems are often caused by poorly directed light sources, usually security lights, which then shine into another person’s property. However, there are many exemptions to these requirements, including:
- airports
- railways
- bus stations
Business practices and regulation
There are a wide range of laws which determine how businesses conduct themselves. Officers work with our specialist teams, such as:
- Trading Standards
- Environmental Health
- Food
- Private Sector Housing
- Licensing
Taking enforcement action where appropriate.
As well as those matters detailed elsewhere, these include:
- dealing with the sale or repair of vehicles on the road
- ensuring businesses comply with their “duty of care” over waste they generate
- providing basic advice information to businesses we visit.
- liaising with our revenues to business are properly registered for business rates
- ensuring that serious breaches are passed to our specialist enforcement teams.
Other nuisance and detrimental behaviours
This covers a whole multitude of issues however, it comes down to whether your neighbour, be it a resident or business, is engaging in conduct which is:
- detrimental to the quality of life of those around them
- persistent or continuous
- unreasonable
Please note, if what they are doing is criminal, such as drug dealing, then it should be reported to the police. If it serious, particularly if it is target at you, then please refer to our section on the Priority Anti-social Behaviour team below.
Issues with properties
The Investigation Hub deals principally with the external condition of properties. For internal issues, you need to speak to our Private Sector Housing team or, if it is a food premises, our Environmental Health Food team.
The main issues we deal with are:
- issues with drains, guttering, waste or other issues concern the external part of a property
- rats and mice
- buildings that have been left insecure
- invasive plants, such as Japanese knotweed
However, high hedges, which are two or more evergreen or semi-evergreen trees over a certain height are dealt with by the council’s planning department.
Priority Anti-Social Behaviour team
The Priority Anti-Social Behaviour team is a victim focused team, which consists of:
- officers from Luton Council
- Bedfordshire Police
- other agencies
When a report of anti-social behaviour is made, we assess the seriousness and the vulnerabilities of the victim by asking a series of questions and completing a form. This is then reviewed and may be allocated to a dedicated case manager within the team.
There maybe occasions when the case is referred to a relevant department or other organisation instead to investigate. Such as the local policing team for the area in which you live in.
Other examples of this could be:
- certain neighbour disputes where a referral to Luton mediation approach is the best course of action
- a civil dispute over a boundary issue that would need to be dealt with by seeking your own personal legal representation
- a domestic noise issue which would be investigated by the environmental health team
If your case is allocated to the Priority Anti-Social Behaviour team you will be allocated a case manager who will liaise with you to ensure you are updated through the investigation process, explain clearly the options open to you and how we will work with you to reduce/ stop the anti social behaviour you have reported.
The Priority Anti-Social Behaviour team work with a number of agencies to ensure that the relevant support is put in place for you and other members of your household. In order for formal action to be taken the team require evidence and that can be in a number of forms such as:
- witness statements
- CCTV or part of an ongoing criminal investigation
Some form of enforcement action can take a number of months to get the desired result and we aim to manage the expectations of the victim. It may be that a home visit is all that is required to resolve an issue or it may be more complex and a civil tool or power may be more appropriate.
We work with:
- housing associations
- private landlords
- social care
- mental health
- highways
- adult social care
A range of different agencies to help resolve anti-social behaviour across Luton.
Enforcement action is not always appropriate to resolve cases and we ensure we look at all viable alternatives before we consider a pathway that can be timely and stressful for the victim. There may also be a lack of evidence to proceed which would be clearly explained throughout the case investigation process.
Contact can be made with the team either by contacting Bedfordshire Police on 101 or by e-mail your complaint to [email protected].
Factsheets
Furthermore you can find useful links to our factsheets here that may assist you.
Useful links
Contact us
Priority Anti-social Behaviour team
Luton Council
Town Hall
Luton
Bedfordshire
LU12BQ
T: 01582 546000
E:[email protected]
Or
Neighbourhood Delivery
Luton Council
Town Hall
Luton
Bedfordshire
LU1 2BQ
T:01582 510330
E:[email protected]