From 6 April 2006, Section 101 of the Clean Neighbourhoods and Environment Act 2005 extended the descriptions of statutory nuisance listed in section 79(1) of the Environment Protection Act 1990 to include:
(fa)”any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance.”
Locating the source of an insect nuisance can be a difficult and lengthy process, as flying insects can travel considerable distances. Local authorities have a duty, however, to take reasonable steps, where practicable, to investigate any complaints of insect nuisance.
Likely sources of insect nuisance include:
- Poultry houses/farms (buildings on agricultural land are not exempt)
- Sewage treatment works
- Manure/silage storage areas
- Animal housing
- Stagnant ditches and drains
- Landfill sites, refuse tips and waste transfer stations
This provision does not apply to insects from domestic premises or to insects listed in Schedule 5 to the Wildlife and Countryside Act 1981, unless they are included in that Schedule solely to prevent their trade or sale.
However, it is not meant to be used against most naturally occurring concentrations of insects on open land or in ways that would adversely affect biodiversity. Certain types of land are exempted from being capable of statutory nuisance from insects in order to safeguard endangered species, and protect biodiversity.
Accordingly, it excludes the following from the definition of ‘relevant’ industrial, trade and business premises:
- Land used as arable, grazing, meadow or pasture land (but not structures placed on the land)
- Land used as osier land, reed beds or woodland
- Land used for market gardens, nursery grounds or orchards
- Land forming part of an agricultural unit (but not covered by 1,2 or 3 above), and which is of a description specified in regulations
- Land included in a site of special scientific interest, and land covered by, and the waters of, rivers, watercourses (except sewers and drains), lakes and ponds.
Complaints Made Outside Office Hours
Any enquiries/complaints will be responded to by the team within 4 working days, including those made outside office hours.
To proceed with an investigation into your complaint, the following information will be required:
- Your name
- Phone number
- The details of the complaint
- The address of the property causing the alleged nuisance
West Lindsey District Council
Guildhall, Marshall's Yard