It is an offence under the Environmental Protection Act 1990 for industrial, trade or business premises to cause a statutory nuisance to the inhabitants of the neighbourhood by generating dust.
In cases where the council has received complaints, or has reason to believe that dust may be generated and nuisance is likely to occur, an investigation will be carried out where warranted further action taken. Dust from domestic premises is not covered by Statutory Nuisance legislation.
Nuisance from dust
To be considered a statutory nuisance, dust would usually have to be a regular problem and interfering substantially with the well-being, comfort or enjoyment of your property. However it should be noted that 'one off' events that produce excessive amounts of dust may be considered a statutory nuisance if they cause a significant and widespread adverse impact on neighbours.
Many industrial processes such as the crushing of concrete require an Environmental Permit to operate. Though these activities are exempt from nuisance legislation, if dust is leaving the boundary of the premises the conditions of the permit are likely to be breached.
Dust at construction sites
Dust nuisance can be a major issue during construction and demolition work, resulting from activities such as excavation, burning, blasting and, in particular, vehicles using roads.
Methods to reduce the risk of causing dust nuisance include the following:
- installation of wheel washing facilities at site entrances/exits
- water spraying of haul roads and stockpiles
- reduction of speeds on haul roads
- seeding stockpiles for long-term cover
- seeding stockpiles with bonding agents
- sheeting of vehicles
- using sealed or sheeted containers/skips for waste materials
- erecting barriers or sheeting around works
- use of chutes to move materials
- fitting and maintaining of grit and dust arrestment plant
We can investigate complaints about dust nuisance from commercial premises including building sites. Conditions relating to dust control are also often attached to planning permissions, particularly for large developments.
Waste facilities
If you experience dust generated on a site handling waste this will be covered by a condition of its Environmental Permit. Please contact the Environment Agency (EA) as this is enforced by by them.
Report a dust nuisance
If you wish to make a complaint about dust please contact us.