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Statutory Nuisance and Abatement Notice

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Abi Charlesworth

Dear West Dorset District Council,

Under the Freedom of Information Act and Environmental Information Regulations, please could you provide the following information for the last full year for which records are kept; the number of complaints received for the following categories (or your equivalent):

A. Amplified Music & Speech
B. Mechanical noise

For each of the above categories, please provide a breakdown for:

1. No statutory nuisance found
2. Nuisance found, formal warning issued
3. Noise Abatement Notice issued

Please provide the guidance or applicable criteria used in the assessment of the above which shows the levels at which you would deem a statutory nuisance to have arisen; for example frequency of occurrence - X times per week/month/annum.

I understand that West Dorset District Council served a noise abatement notice on two persons in July of 2018, which was served based solely on a number of complaints made after the event about apparent intermittent noise disturbance on three days of the year and without further investigation being carried out to locate the factual source of the noise. Please could you provide the relevant sections from the guidance and legislation used as the basis of this nuisance which would lead to such a notice being served.

Please could you provide any documentation held for noise abatement notices served for the above categories and redacting any information deemed necessary by the council.

Yours faithfully,

Dr Abigail Charlesworth

FOI West Dorset,

Thank you for contacting the FOI Team.  We acknowledge receipt of your
request for information.

This will now be passed to the relevant area(s) of the authority and a
response sent within 20 working days.

If for any reason we cannot respond in full within 20 days, we will let
you know.

You may find further information of interest on our website -
[1]www.dorsetforyou.com

 

Our normal opening hours are:

Monday to Thursday 8:30am to 5:00pm

Friday 8:30am to 4:30pm

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References

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West Dorset District Council

Dear Dr Charlesworth,
Thank you for your information access request: we aim to complete this
within 20 working days from 08/08/2018. Please quote your reference number
(61515) in further correspondence.
Yours sincerely,
The Customer Services Team at Dorset Councils Partnership, a partnership
between North Dorset District Council, West Dorset District Council and
Weymouth & Portland Borough Council

Disclaimer

This e-mail is intended for the named addressee(s) only and may contain
information about individuals or other sensitive information and should be
handled accordingly. Unless you are the named addressee (or authorised to
receive it for the addressee) you may not copy or use it, or disclose it
to anyone else. If you have received this email in error, kindly disregard
the content of the message and notify the sender immediately. Please be
aware that all email may be subject to recording and/or monitoring in
accordance with relevant legislation.

Jane Williams,

Dear Dr Charlesworth

In response to your FoI request Ref 61515 received on the 8th August 2018.

For the 12 month period prior to today’s date:

A. 2 Abatement Notices were served in respect of Amplified Music and
Speech
B. Nil Abatement Notices were served in respect of Mechanical Noise (e.g.
generators)

1. Abatement Notices are served only where the local authority is
satisfied that a Statutory Nuisance exists, or is likely to occur or recur
– therefore this question is not relevant
2. Where an Abatement Notice is issued, there is no requirement to issue a
‘warning notice’
3. See A & B above.

The determination of a Statutory Nuisance will have regard to a number of
diverse factors, dependent upon the individual circumstances in each case.

The case to which you refer is currently subject to legal proceedings and
accordingly I am unable to divulge information which might be considered
sub judice at this time

Kin regards
Jane

(Mrs) Jane Williams MSc., MCIEH CEnvH
Team Leader (Environmental Protection West)

Dorset Councils Partnership serving:
North Dorset District Council, West Dorset District Council and Weymouth
and Portland Borough Council

01305 252472
[1][email address]

Dorset Councils Partnership is committed to protecting your personal data;
if you would like to find out more about this please visit the Data &
Privacy section of our website
[2]https://www.dorsetforyou.gov.uk/your-cou...

[3]www.dorsetforyou.com/contactus

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show quoted sections

Jane Williams,

Dear Dr Charlesworth

 

Sorry you were missing a part of your request:

 

Number of complaints received:

 

·         August BH 2017 - 3 complaints received however complaint records
had already been logged for previous events which remained open while the
events continued to be under investigation

·         Late May BH 2018 - the addition of 1 complaint

·         June 29th - 1st July 2018 – 46 individual complaint records
(some may indicate a couple involved i.e. there were 2 complainants
residing at one premises)  where a number of complaints were received by
one individual this has been shown as 1 complaint.

 

If you require further information please do not hesitate to contact me
however you should note any information requested may be screened due to
the current court case.

 

Kind regards

 

Jane

 

(Mrs) Jane Williams MSc., MCIEH CEnvH

Team Leader (Environmental Protection West)

 

Dorset Councils Partnership serving:

North Dorset District Council, West Dorset District Council and Weymouth
and Portland Borough Council

 

01305 252472

[1][email address]

 

Dorset Councils Partnership is committed to protecting your personal data;
if you would like to find out more about this please visit the Data &
Privacy section of our website
[2]https://www.dorsetforyou.gov.uk/your-cou...

 

[3]www.dorsetforyou.com/contactus

 

Get the latest council news and information sign up to
[4]www.dorsetforyou.com/e-news

 

Twitter.com/dorsetforyou

 

Facebook.com/dorsetforyou

 

 

 

Disclaimer

This e-mail is intended for the named addressee(s) only and may contain
information about individuals or other sensitive information and should be
handled accordingly. Unless you are the named addressee (or authorised to
receive it for the addressee) you may not copy or use it, or disclose it
to anyone else. If you have received this email in error, kindly disregard
the content of the message and notify the sender immediately. Please be
aware that all email may be subject to recording and/or monitoring in
accordance with relevant legislation.

References

Visible links
1. mailto:[email address]
2. https://www.dorsetforyou.gov.uk/your-cou...
3. http://www.dorsetforyou.com/contactus
4. http://www.dorsetforyou.com/e-news

Jane Williams,

Dear Dr Charlesworth

 

You may wish to note as part of the response to the court you (as the
appellant) will receive full disclosure of any documents, as directed by
the courts

 

Kind  regards

Jane

 

(Mrs) Jane Williams MSc., MCIEH CEnvH

Team Leader (Environmental Protection West)

 

Dorset Councils Partnership serving:

North Dorset District Council, West Dorset District Council and Weymouth
and Portland Borough Council

 

01305 252472

[1][email address]

 

Dorset Councils Partnership is committed to protecting your personal data;
if you would like to find out more about this please visit the Data &
Privacy section of our website
[2]https://www.dorsetforyou.gov.uk/your-cou...

 

[3]www.dorsetforyou.com/contactus

 

Get the latest council news and information sign up to
[4]www.dorsetforyou.com/e-news

 

Twitter.com/dorsetforyou

 

Facebook.com/dorsetforyou

 

 

 

Disclaimer

This e-mail is intended for the named addressee(s) only and may contain
information about individuals or other sensitive information and should be
handled accordingly. Unless you are the named addressee (or authorised to
receive it for the addressee) you may not copy or use it, or disclose it
to anyone else. If you have received this email in error, kindly disregard
the content of the message and notify the sender immediately. Please be
aware that all email may be subject to recording and/or monitoring in
accordance with relevant legislation.

References

Visible links
1. mailto:[email address]
2. https://www.dorsetforyou.gov.uk/your-cou...
3. http://www.dorsetforyou.com/contactus
4. http://www.dorsetforyou.com/e-news

Jane Williams,

Afternoon

 

Pls may I have a basic running order of the weekend.

 

Also with the pending court case we need to serve papers on you in
response to your appeal, and get them to you by 16.00 tomorrow, as advised
to the court.  Where is the best place to pass them to you?

 

Regards

 

Jane

 

(Mrs) Jane Williams MSc., MCIEH CEnvH

Team Leader (Environmental Protection West)

 

Dorset Councils Partnership serving:

North Dorset District Council, West Dorset District Council and Weymouth
and Portland Borough Council

 

01305 252472

[1][email address]

 

Dorset Councils Partnership is committed to protecting your personal data;
if you would like to find out more about this please visit the Data &
Privacy section of our website
[2]https://www.dorsetforyou.gov.uk/your-cou...

 

[3]www.dorsetforyou.com/contactus

 

Get the latest council news and information sign up to
[4]www.dorsetforyou.com/e-news

 

Twitter.com/dorsetforyou

 

Facebook.com/dorsetforyou

 

 

 

Disclaimer

This e-mail is intended for the named addressee(s) only and may contain
information about individuals or other sensitive information and should be
handled accordingly. Unless you are the named addressee (or authorised to
receive it for the addressee) you may not copy or use it, or disclose it
to anyone else. If you have received this email in error, kindly disregard
the content of the message and notify the sender immediately. Please be
aware that all email may be subject to recording and/or monitoring in
accordance with relevant legislation.

References

Visible links
1. mailto:[email address]
2. https://www.dorsetforyou.gov.uk/your-cou...
3. http://www.dorsetforyou.com/contactus
4. http://www.dorsetforyou.com/e-news

Jane Williams,

I have not received any by email or from the out of hours service.

 

Jane

 

(Mrs) Jane Williams MSc., MCIEH CEnvH

Team Leader (Environmental Protection West)

 

Dorset Councils Partnership serving:

North Dorset District Council, West Dorset District Council and Weymouth
and Portland Borough Council

 

01305 252472

[1][email address]

 

Dorset Councils Partnership is committed to protecting your personal data;
if you would like to find out more about this please visit the Data &
Privacy section of our website
[2]https://www.dorsetforyou.gov.uk/your-cou...

 

[3]www.dorsetforyou.com/contactus

 

Get the latest council news and information sign up to
[4]www.dorsetforyou.com/e-news

 

Twitter.com/dorsetforyou

 

Facebook.com/dorsetforyou

 

Disclaimer

This e-mail is intended for the named addressee(s) only and may contain
information about individuals or other sensitive information and should be
handled accordingly. Unless you are the named addressee (or authorised to
receive it for the addressee) you may not copy or use it, or disclose it
to anyone else. If you have received this email in error, kindly disregard
the content of the message and notify the sender immediately. Please be
aware that all email may be subject to recording and/or monitoring in
accordance with relevant legislation.

References

Visible links
1. mailto:[email address]
2. https://www.dorsetforyou.gov.uk/your-cou...
3. http://www.dorsetforyou.com/contactus
4. http://www.dorsetforyou.com/e-news

We don't know whether the most recent response to this request contains information or not – if you are Abi Charlesworth please sign in and let everyone know.

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