Cockerel being kept in residential area (Sanquhar).

The request was successful.

Dear Dumfries and Galloway Council,

Please advise which council department is responsible for taking action in relation to noise nuisance from a cockerel crowing in a residential area in Sanquhar. This is being kept in the yard of a house with neighbouring properties. The cockerel crows at all hours of the night and day, the night time noise being the problem. The cockerel is also flying out of the yard where is it kept, it is being found to cause damage and mess in the garden of a neighbouring property.

This is stated to be a statutory noise nuisance, plus it is accepted as being Anti Social Behaviour.

What can the council do to act in relation to the noise nuisance in the night time hours please? Can anything be done about the other nuisance caused by the cockerel escaping from the property? Please provide a contact for the council who can assist here.

The person who has the cockerel has a history of Anti Social Behaviour, plus more, she is known to Police and other agencies. It is not viable to approach her about this.

Yours faithfully,

Ann Williams

FOI, Dumfries and Galloway Council



Thank you for your email.

 

Please note that the Information Management and Complaints Unit is now
closed until Wednesday 3^rd January 2018.  We will respond to your email
as soon as possible on our return to the office.

 

If you are submitting a new request for information, please note that this
will be logged and acknowledged on our return to the office. The relevant
statutory timeframes will however still apply.

 

Merry Christmas

 

The Information Management and Complaints Unit

--
Any email message sent or received by the
Council may require to be disclosed by the
Council under the provisions of the Freedom
of Information (Scotland) Act 2002.

FOI, Dumfries and Galloway Council

Dear Ms Williams,

 

Please see the link below with the contact details for the department that
the issue you have highlighted should be reported to:

 

[1]http://www.dumgal.gov.uk/article/15202/C...

 

In terms of what can be done in this case, if you were to report the issue
to the Community Safety Team, it will be allocated to a Community Safety
Officer who would investigate the specific circumstances and advise what
can be done.

 

Regards,

 

FOI Unit

Dumfries and Galloway Council

 

 

--
Any email message sent or received by the
Council may require to be disclosed by the
Council under the provisions of the Freedom
of Information (Scotland) Act 2002.

References

Visible links
1. http://www.dumgal.gov.uk/article/15202/C...

Dear FOI,

Since this request was made to you, information on this matter has been found online. This is from the Environmental Health Department of South Ayrshire Council and it is clear that this council states there is a statutory duty for it to act under The Environmental Protection Act. The details can be found here:

https://www.south-ayrshire.gov.uk/docume...

In the circumstances please clarify why the Environmental Health Department of Dumfries and Galloway Council do not share this statutory duty, or indeed a Duty of Care in this matter.

Yours sincerely,

Ann Williams

Ann Williams left an annotation ()

The person who is being subjected to noise nuisance (plus other nuisance) from the cockerel has approached the Environmental Health Department of Dumfries and Galloway Council. They have refused to act in relation to this and have told the person they have to take legal action themselves.

It is clear there is a statutory duty for Environmental Health to pursue this matter. Why does Dumfries and Galloway Council act unlawfully?

FOI, Dumfries and Galloway Council

Dear Ms Williams,

I appreciate the information you have located online which generally is correct. It however will be the Council that possesses the statutory duty and not specifically the department. Different Councils work in different ways and whilst I can appreciate that South Ayrshire have given the responsibility to its Environmental Health Department, Dumfries and Galloway Council have assigned the Community Safety team to fulfil this statutory duty.

Regards,

FOI Unit
Dumfries and Galloway Council

show quoted sections

Dear Dumfries and Galloway Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Dumfries and Galloway Council's handling of my FOI request 'Cockerel being kept in residential area (Sanquhar).'.

Thank you for your response, however there is a statutory duty under the Environmental Protection Act in relation to this. This is specific to an Environmental Health Officer and not within the jursidiction of another person, or department.

Having pursued this, the advice is that the Environmental Health Department is required to act in cases such as these. That councils in the UK accept this to be their lawful duty. Please provide the statutory authority for Dumfries and Galloway Council's application of the laws governing this.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Ann Williams

FOI, Dumfries and Galloway Council

Dear Ms Williams,

In respect of your email below, we have spoken with Environmental Health and they have advised that if you can make contact with them direct and provide specific details of the issue you have described, they will provide you with information as to how your concerns can be progressed.

I would encourage you not to publish any personal information pertaining to yourself, any persons you are acting on behalf of or, the neighbour who possesses the cockerel on What Do They Know, hence the offer of you contacting the department direct so they can appropriately assist you.

Regards,

FOI Unit
Dumfries and Galloway Council

show quoted sections