Environmental Protection service standards

How to make a service request, enquiry or complaint

We can receive a service request, enquiry or complaint via:

• Telephone: 01892 554235
• Letter: Environmental Protection Team, Room 10, Town Hall, Tunbridge Wells, Kent TN1 1RS
• Personal visit at council service points
• An officer of the team whilst on the district
• Email: EHAdmin@MidKent.gov.uk
• Our web site: www.tunbridgewells.gov.uk

When we receive a new request, an enquiry by telephone, email or personal visit we will, if we are able to assist, give advice straight away.

We aim to ensure that there will be an officer to give specialist advice and information before 1pm, but after this all officers may be out of the office so we cannot guarantee this.

If we are unable to provide advice immediately or if the request needs an investigation or visit, it will be entered onto our database. In most cases initial actions will involve letters being sent to both sides and general advice being given. These will initially be dealt with by the team administrator. Where investigation is needed, by a visit or if the matter is urgent it will be allocated to a case officer. You will be advised of the case reference and the next steps in dealing with your case within the following times depending on how you contact us.

• Telephone – immediately
• Email – within 24 hours
• Letter – within 5 working days

The case officer will be your point of contact throughout the investigation, and will discuss any procedural matters with you.

All cases are investigated in accordance with the Service’s documented investigation procedures, which accords with modern practice and the nationally accepted Regulators' Code published by the Better Regulation Office. During our investigations we will do our best to keep you up to date with any developments in the case and/or advise you when investigations have been completed and/or the case closed.

In order to register a service request/complaint we will need:

• Your name, address and contact details

• The exact address or location of the source of the problem (or as much information as possible to identify the source.

We cannot register or investigate anonymous complaints. This is principally because the law requires the council to ascertain who is or is likely to be affected by a statutory nuisance or exposed to risk to health.

Matters we can investigate

Matters which Environmental Protection can investigate or provide more information include:

Statutory nuisance caused by;

• noise and vibration
• odours, smoke, dust or other emissions
• light pollution nuisance
• nuisance which may be prejudicial to health including;
  • accumulations of waste or noxious deposits
  • filthy and verminous premises
  • animals in premises
  • drainage where the blocked drain serves only one property or commercial premises

Other issues including

• drinking water
• environmental aspects of planning applications
• contaminated land investigations
• pest control and prevention of damage by pests
• Local Authority Integrated Pollution Prevention and Control which is the environmental permitting of certain industrial processes.
• Licensing Act consultations (for example as a ‘Responsible Authority’ for the prevention of public nuisance)
• Japanese Knotweed

Anti-Social Behaviour, Policing and Crime Act 2014

This legislation is wide ranging in its scope and is used by a variety of teams within the council. The power that will be used predominantly by the Environmental Protection Team is the Community Protection Notice (CPN). The scope for potential use of the CPN is also wide ranging and largely undefined by the act and accompanying Statutory Guidance. However it is primarily intended for use in addressing broadly environmental low level antisocial behaviour which causes harassment alarm or distress to the community. The practicalities of the limited resources of the EP team means that it is not possible to apply the CPN to all circumstances that may be theoretically possible.

The EP team will in the main use the powers in the Act to supplement the provisions of the existing legislation at our disposal to gain a quicker resolution to issues that we already investigate. In addition we will address issues which are similar to those which we currently investigate above but which for technical reasons statutory nuisance may not be applicable to or may fall below the threshold of statutory nuisance but be of nature that justifies action being taken.

Any requests to investigate matters using the CPN powers that fall outside of this scope will be considered on a case by case basis and in consultation and agreement with senior management in consultation with legal services.

We will always do our best to help with the majority of enquiries or requests for service we receive. Where we cannot take action directly we will pass on the information to the relevant authority or agency that may be able to assist. Alternatively we may provide information or contact details for you to make contact directly with the relevant body. We have a range of leaflets and advice notes available, which provide further advice both to complainants and those alleged to be causing nuisance. The information used in these leaflets is also available on our web pages.

In appropriate cases, the officer receiving the call may advise that the best way of resolving the situation may be to approach the person responsible for the alleged nuisance to see if the matter can be resolved informally on a face-to-face basis. The investigating officer will give advice how best to do this. Alternatively, using a mediator may provide a solution and the parties concerned may be referred to West Kent Mediation.

Matters we cannot investigate

Within the general topics referred to above there are certain matters that the Environmental Protection team is not able to deal with (but we would be pleased to log and may be able to provide information only):

• Anonymous complainants (we need to know who is affected by the problem)
• Noise and pollution from aircraft (when in flight). (See CAA or BAA)
• General living noise resulting from inadequate sound insulation between properties. (case law)
• Noise from people in the street. (See Community Safety Partnership and ASBOs)
• Traffic noise unless related to noise from specific premises. (Noise insulation grants may be available in certain cases where traffic noise has increased due to a new or altered highway. (See KCC or Highways Agency)
• Complaints about alleged nuisance where the source address or location is not known (unless we receive at least three complaints from separate individual addresses).
• Noise from one-off parties (unless we receive at least three complaints from individual addresses).
• Smoke from one-off garden bonfires (unless we receive at least three complaints from individual addresses).
• Complaints of nuisance, which are affecting occupiers or workers in commercial premises.
• Complaints of nuisance from occupiers of commercial premises about activities on other commercial premises.
• Blockages of public sewers or private sewers serving more than one residential property. (See Water Companies)
• Noise from building sites where reasonable precautions to control noise are being taken including working within normally accepted working hours (usually 8 am to 6 pm Mondays to Fridays and 8 am to 1 pm on Saturdays only).
• Nuisance from normally accepted operations on agricultural land. See also our web page on Agricultural Practices.
• Burst water pipes (See Water Companies)
• Housing standards except where statutory nuisance is concerned (see above). (See also Housing Services or Dept for Communities and Local Government)
• Bees (See Kentbee.com)

Our response

Will I get immediate action?

This will depend on the urgency of your request. We aim to have one officer available each day to respond to urgent requests, such as severe drainage or pollution problems straight away. For other requests for service we aim to deal with the matter within five working days, but often you will hear from us sooner.

The council must act as an independent agent and has to look into both sides of any complaint, i.e. yours, and the person or organisation you are aggrieved about.

We must establish the exact problem and whether any law the council enforce has been broken. With some complaints, for example, nuisance from noise and dust, this can mean a number of visits being made in order to obtain enough evidence of an offence. This obviously takes time and will often need patience and active participation on your part whilst a complete picture is built up. In this way the council can follow the correct legal process so that, if need be, formal action can be taken and that the evidence obtained is robust and defendable in court.

In other circumstances, for example investigating drainage problems, other premises may also need to be visited. This may cause unavoidable delays, but will ensure that the matter is dealt with thoroughly.

Will I be kept informed?

Yes, you will be advised of investigation procedures when you first contact us. Following this, you should be kept advised of progress either by a visit, telephone, e-mail or letter.

Officers are always pleased to discuss progress with you at any time. If you wish to call them the best time is usually between 09.00 hours and 10.00 when they are most likely to be in the office. Messages can, of course, always be left at any time during normal office hours or by voicemail and e-mail.

What will be the outcome?

There are various possible outcomes, depending upon the nature of your request.

Resolution of the problem through informal means

• Achieved informally by the council bringing the matter to the attention of the source of the problem.
• Direct action by the council through visits by officers

Resolution through Formal Action

• Legal notices may be served to prohibit activity such as undue noise, dust or smoke, or to require improvement of unsatisfactory conditions such as defective property or dangerous practices.
• Prosecution of the offender where the council has evidence that a notice has not been complied with and meets the enforcement policy, a or the offence is one where prosecution is required by law and meets the Crown Prosecution Service Tests.

No action is taken

We acknowledge that there may be circumstances when you may feel that you are being affected by noise, nuisance but officers having considered the evidence feel that there is not enough evidence to take matters further. In such situations we will advise you to take private action under the Environmental Protection Act 1990 s.82.

When formal action is taken there may well be delays whilst legal processes are followed, or Court dates are awaited.

We cannot promise to bring every request for service or complaint to a conclusion that satisfies you in every way. However, we do promise to investigate the matters with all due diligence and consider action, which is legally possible and appropriate.

Formal action could include:

The most common form of action is through the service of notice under appropriate legislation requiring relevant work to be done, e.g. drainage work, or nuisance to be abated e.g. stop or reduce noise emissions.

If the requirements of the notice are not complied with within the time specified, (or no written commitment received to do so within an agreed time) the council would normally institute proceedings in a Magistrates’ Court. If the notice refers to a statutory nuisance this would normally involve the complainant in giving evidence to the court under oath. Where a CPN has been issued the council will usually issue a fixed penalty notice in the first instance. If this is not paid the council will usually progress to prosecution in the Magistrates’ Court.

The fixed penalty notice fee is £100.

If the prosecution is successful the court has the power to instruct that works be done or issue a fine. The level of fine depends upon the legislation being breached and whether it is a person or a company who has committed the offence.

Should there be a subsequent breach of a notice for statutory nuisance e.g. noise, the council will institute further legal proceedings and may carry out work in default. This can involve seizing noise-making equipment such as hi-fi or television sets; we may also apply for permanent retention in extreme cases.

In the case of further breaches successful prosecutions of a notice or of requirements set by the court, we may also apply for a Criminal Behaviour Order, order linked to a criminal conviction. The breach of a CBO is a criminal offence which can lead to sentences including imprisonment.

There some types of nuisance which are likely to be short lived or cause a noise nuisance to wide area. Typical examples of this are car and burglar alarms, particularly if they go off at night. When this happens and we cannot contact owners or nominated key holders we will serve a notice to abate the nuisance. If the alarm is not silenced within 1 hour after we serve the notice we will employ contractor to come and silence the alarm. This often involves cutting wires and in extreme circumstances can involve forcing entry into the property. If we have to do this not only will the owner have to pay to have the alarm fixed but we will also pass on the charges for employing the contractor and full officer costs (the hourly rate for the officers time).

Drainage complaints, where a notice requires drainage works to be carried out, the council will normally carry out works in default of the notice and recover the costs from the owner(s) of the premises concerned. This will include full officer costs (the hourly rate for the officers time).

Where premises are licensed under the Licensing Act 2003 (pubs, clubs, etc.) are involved we may also seek a review of the licence. This could lead to further conditions designed to prevent or mitigate noise nuisance, reduction in opening hours or in extreme cases, suspension or revocation the licence. For such action to be successful, we would rely on evidence from those affected by the nuisance to be given to the Licensing Sub-committee.

Will there be a cost?

Some of the services provided by the council have an extra cost to people who use them, for example contaminated land searches. If you wish to query any charges, then please contact the officers responsible for that service as shown below.

Will my request be kept confidential?

Unless you consent to us to releasing your name and address we will keep your identity confidential unless we are subject to an Court Order or statutory requirement to provide details. However, we do share information with other agencies like the Environment Agency, Police, Housing Association and Community Safety Partnership. This is to enable us to bring other relevant agencies in to dealing with your case so that we can help more effectively.

Should court action result from the case, your name and address would become known in any hearing that takes place.

If you are in any way concerned about confidentiality, please discuss it with your case officer.

What if I am not satisfied?

If you are not satisfied with the way your request has been handled we would like you to tell us. Please contact any of the following officers outlining your dissatisfaction. Your concerns will be investigated and responded to in line with our Corporate Complaints Procedure (see below). We aim to acknowledge complaints within three days and provide a full response within 15 working days.

Contact Officers:

Duncan Haynes, Environmental Health Manager
e-mail: duncan.haynes@midkent.gov.uk

Gary Stevenson, Head of Environment and Street Scene
e-mail: gary.stevenson@tunbridgewells.gov.uk

We are keen to ensure that our service gives value for money. Your views are important because they help us regularly to review the services we offer and the way we deliver them. Routinely we undertake random customer satisfaction surveys. If you receive a survey form we would be most grateful if you could spare the time to complete and return it.