Waste and unsightly land

The council’s Pollution Control team may be able to investigate complaints about waste accumulations or deposits on land and gardens if the following legal definitions are met:

• Where the waste or land is likely to have a significant public health impact, such as where it contains food/household waste, it could be considered prejudicial to health or a nuisance under Part III of the Environmental Protection Act 1990. Enforcement action may therefore be possible requiring the land to be cleared.

Overgrown gardens/land, dilapidated outbuildings, and accumulations of inert materials, such as construction waste, timber, toys, etc., are unlikely to meet this definition or the threshold for enforcement action; or

• Where the situation is caused by unreasonable conduct, of a persistent or continuing nature, that is having a detrimental effect on the quality of life of those in the locality, it could be considered anti-social behaviour under Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014. Again, there would generally need to be a significant public health impact to be actionable.

Further advice on the above is provided on our website on our statutory nuisance and noise page.

Where the condition of premises or an accumulation/deposit is associated with an infestation of rats and/or mice, the council’s Pollution Control team may take action to enforce the legal duty of the owner/occupier, under Part I of the Prevention of Damage by Pests Act 1949, to keep the land free from rats/mice. Pollution Control will generally only investigate where they consider that rats/mice are present in substantial numbers and the complaint meets the other circumstances listed on our pest control page.

The council’s Planning Enforcement team may be able to investigate complaints about unsightly land and buildings, under section 215 of the Town & Country Planning Act 1990, if they consider that their condition adversely affects the amenity of the area. 'Amenity' is not formally defined in the legislation or guidance, and is assessed on a case-by-case basis, so the Local Planning Authority will need to consider the following before they decide if action can be taken:

• The condition of the site;
• The impact on the surrounding area; and
• The scope of their powers in tackling the problem.

The Government's 'Best Practice Guidance' suggests that action is most likely to be used in relation to street frontages, large vacant sites, derelict buildings, rundown residential properties, and overgrown gardens. The scope of works is listed as including 'planting, clearance, tidying, enclosure, demolition, re-building, external repairs and repainting'.

Use of this power is discretionary, so it is up to the Local Planning Authority to decide if action is appropriate in any particular case. Further advice on the circumstances in which action may be considered should be sought from the Planning Enforcement team – see the planning enforcement page or contact them directly on 01773 841571 or email enforcement@ambervalley.gov.uk.

Contact the team directly on 01773 841335 or email envadmin@ambervalley.gov.uk