Dust complaints

The law allows councils to investigate dust arising from industrial, trade, or business premises where it may be causing a statutory nuisance. Common examples include:

• Construction and demolition activities
• Commercial sites
• Industrial processes
• Quarrying or similar business activities

Dust from these sources may be investigated where there is evidence that it is affecting neighbouring properties.

The Council is unlikely to take formal action where the issue is:

• Minor or cosmetic dust deposits only
• Dust settling on cars, garden furniture or outdoor surfaces without a significant impact on the use of your home
• Occasional or short-lived dust events
• Normal seasonal activities such as ploughing or harvesting

Whether something amounts to a statutory nuisance depends on the circumstances of each case and the evidence available.

Where appropriate and safe to do so, we encourage residents to raise concerns directly with the person or company responsible. They may be unaware that their activities are affecting nearby properties.

For example:

• Contact the site manager for a construction project.
• Use the complaints process published by a company or contractor.
• Explain how the dust is affecting you and ask whether steps can be taken to reduce it.

If you do not feel comfortable approaching the person or organisation responsible, you can report the matter to the Council.

When reporting a dust problem, please provide as much information as possible, including:

• The address or location of the source of the dust.
• When the problem happens.
• How often the problem happens.
• How long the problem lasts.
• The effect it has on you and your household.
• Any photographs or supporting evidence you may have.

Providing detailed information helps us assess whether the matter may be a statutory nuisance.

The Council must take reasonable and practical steps to investigate complaints about potential statutory nuisance.

An investigation may include:

• Assessing the information you provide.
• Asking you to keep a record of events.
• Visiting the area affected.
• Contacting the responsible business or operator.
• Reviewing any relevant permits, planning controls or other regulatory requirements.

Environmental Health Officers will consider factors such as:

• The amount of dust.
• How often it happens.
• How long it lasts.
• The character of the surrounding area.
• Whether the dust is causing a significant impact on the use and enjoyment of neighbouring properties or affecting health.

Some activities that generate dust are regulated by environmental permits issued by either the Council or the Environment Agency.

Where a permit applies, complaints may need to be investigated under the relevant permitting regime. Dust arising from construction sites may also be subject to planning conditions and planning enforcement controls.

If the Council is satisfied that a statutory nuisance exists, has occurred, or is likely to occur or recur, it must normally serve an Abatement Notice requiring the nuisance to stop or be reduced.

Failure to comply with an Abatement Notice can lead to enforcement action and prosecution.

The law does not set specific dust levels, or a fixed number of incidents that automatically amount to a statutory nuisance. Each case must be assessed on its individual circumstances and the available evidence.

If our investigation does not confirm a statutory nuisance, we will explain the reasons for our decision and, where appropriate, tell you of any alternative options available.

This service is delivered following:

• Environmental Protection Act 1990, Part III (Statutory Nuisances).
• DEFRA Guidance: Statutory Nuisances – How Councils Deal with Complaints.
• DEFRA Guidance on Local Authority Statutory Nuisance Duties.

• Environmental Protection Act 1990
• Statutory nuisances: how councils deal with complaints - GOV.UK