How we keep Allerdale clean and how you can report litter, dog mess, fly tipping or graffiti.
Our aim is to keep Allerdale as a great place to live, work and visit through maintaining our spectacular views or keeping our streets, harbours, promenades, parks and open spaces clear of litter. We are committed to maintaining the highest standards of environmental quality.
Some of the complaints we get from members of the public include fly tipping, litter and dog mess.
The role of our officers includes:
If you are a dog owner, please clean up after your pet.
You can report dog fouling for us to clean up using the button below. You can also report people who allow their dogs to foul without picking up after them. We will investigate if we have enough information.
Our Environmental Enforcement Officers offer a number of services to local dog owners:
Our officers will investigate reports of litter around the Allerdale area to keep our community clean. Once we receive a report of litter our officers will take steps to remove it.
You can also report a bin which needs emptying:
If somebody disposes of waste on an open space or private land and this is not permitted to be there then this is fly-tipping. It is dangerous, illegal and unsightly. If you see any fly-tipping please report it to us immediately.
Items that are dumped illegally often include sofas, carpets, TVs, rubble, mattresses, fridges and general waste.
If you are caught fly-tipping you could be liable to a fixed-penalty of £400 or, on conviction at court, a fine may be imposed up to £50,000 and up to six months imprisonment.
We all have a duty of care to ensure that our rubbish is passed on to an licensed waste carrier so that it can be disposed of safely.
Don't get someone else you don't know or trust to get rid of your waste, this includes "man in van" services which can be sourced via social media sites and WhatsApp. If it is fly-tipped and we can trace you then it is you, you may be liable to receive a fixed-penalty for failing to ensure the correct disposal of your waste. Take your waste to the Household Waste Recycling Centre , or get a bulky waste collection.
Both local authorities and the Environment Agency have powers to tackle fly-tipping.
Local authorities (such as ourselves) are responsible for clearing the waste from public land only. If you witness fly-tipping on public land please report this to us.
If fly-tipping occurs on private land please report this to us via the MyAllerdale app, via our website or via customer services so that this can be investigated.
The Environment Agency investigates major illegal fly-tipping incidents if they occur on public or private land. These include:
The Environment Agency only clears up waste where there is an immediate risk to the environment and human health. They are not funded to clean up all illegally dumped waste on private or public land. More information on reporting these types of incidents can be found at https://www.gov.uk/report-flytipping.
Graffiti is any drawing, painting or messages that are written, painted or carved on public and private surfaces without the permission of the property owner. It makes an area appear rundown and neglected and is often difficult and expensive to remove.
Graffiti on public buildings will be removed. Grafitti on a private building is the responsibility of the owner.
Under the Environmental Protection Act 1990, all businesses (including those operating from home), have a legal responsibility to safely contain and legally dispose of any waste produced from their business.
The local authority may issue you with a fixed penalty notice of £300 or take action in the Magistrates Court with a maximum fine of £5,000 if you fail to comply with the legislation.
In general, people are allowed to keep animals, as long as they do not cause a nuisance or a health hazard to other people and premises around them.
Our Envrionmental Health Officers investigate animal related report such as noise, smells or waste caused by keeping animals and dead animals.
If you have concerns for the welfare of an animal you should report it to the RSPCA.
You can report a potentially abandoned vehicle to the council. Your name, address and contact details will be kept confidential. Details about the vehicle will be communicated to the DVLA and other relevant statutory agencies.
Where a vehicle is considered by the council to be abandoned on public land, such as a road, the vehicle can be removed without notice and the registered keeper (or person in control) issued with a fixed penalty of £200 + costs.
We will recover costs incurred in removing, storing and disposing of abandoned vehicles from the owner responsible. Burned out vehicles will be dealt with in accordance with their status (as to whether they have been lost or stolen).
We follow a specific process for vehicles that are considered to be abandoned on private land.
Vehicles which are involved in road traffic accidents, broken down, causing an obstruction or are a danger to other road users are the responsibility of the police.
Not having a current vehicle excise license is not sufficient grounds to decide that a vehicle is abandoned. Such vehicles should be reported to the DVLA on their freephone telephone hotline 0800 032 5202 or email vehicles.dvla@gtnet.gov.uk.
Fly posting has been defined as “the display of advertising material on buildings and street furniture without the consent of the owner.”
However it is more accurately described as “any advertisement displayed in contravention of the regulations made under section 220 of the Town and Country Planning Act 1990.
We can take action against those responsible for fly posting and remove illegal posters and placards and recover the costs incurred in doing so from those who have displayed them, or cause them to be displayed.
If we take action and you are found guilty of fly-posting, you may be fined up to £2,500 and we may also be able to recover our costs. Those caught in the act of fly posting can be issued with a maximum fixed penalty fine of £75.
Leaving leaflets on car windows is also an offence under the Road Traffic Act as it obstructs the view of the driver.
Palm oil is a type of oil derived from palm trees which is used in cooking, soap and biofuels.
There have been several cargo incidents off the north west coast over recent decades and it is estimated that tonnes of palm oil remain in the wreckages.
In addition, under the current regulations, ships are allowed to clean their tanks after delivering the substance to the UK, dumping a limited amount of the contaminated residue at sea, provided they do so more than 12 miles from the shore.
We work in partnership with Tivoli Services to maintain land that we own. We are responsible for the following:
On non-council owned sites, the land owners are responsible for the trees and grounds maintenance. Other green spaces may be the responsibility of housing associations, private landowners or other bodies.
Roadside verges are cut and maintained by the highways department.
Examples of statutory nuisance allegations that can be investigated by the Council are outlined under Section 79 of the Environmental Protection Act 1990.
For a matter to count as a statutory nuisance it must demonstrate to be 'prejudicial to health or a nuisance'. Therefore the matter must be cross a property boundary and demonstrate 1 or both of the following from the assessment:
This assessment is made through the gathering of evidence, and must demonstrate it meets the tests for statutory nuisance in correspondence with years of legal judgements. Sensitivities of an individual cannot be taken in account and the findings must satisfy whether the matter would cause a statutory nuisance to the average person. Statutory regime does not deal with the harm to property.
When satisfied a statutory nuisance exists, or is likely to occur or recur an Abatement Notice will be served onto the person responsible. This may require the person or company to:
It does not necessarily mean an activity may completely halt but that the impact of nuisance has been reduced to a reasonable level. An Abatement Notice may be appealed against to a Magistrates’ Court within 21 days of the Abatement Notice being served.
A list of Statutory Nuisance Abatement Notices served under Section 80 of the Environmental Protection Act 1990 are available at the Council.
Or alternatively there is common law for private nuisance allegations, these proceedings can be taken by the individual suffering with a legal interest in the affected land.
Accumulation(s) of filthy or rotting putrescible waste inside a property or garden can be investigated.
Overgrown gardens, rubble and general visual eyesores cannot be investigated under statutory nuisance provisions. Environmental Health can investigate if the waste is causing an odour or is attracting vermin or flies.
In situations where there are no rats or flies being attracted to the location and there is a detrimental impact on the amenity of the area or quality of life on the community there are provisions via Planning Enforcement.
Before complaining to Planning Enforcement regarding high hedges, please visit UK.GOV.
For invasive plants, such as Japanese knotweed please see the UK.GOV. webpage for more information. Management is the responsibility of the landowner and is not necessary to report presence but it is important that is it controlled.
Environmental Health does not usually investigate dog fouling on private land. Residents can take private legal action if fouling causes odour or fly issues. Different laws apply to public spaces. In some cases, Environmental Health may investigate, which could involve revisits and a diary sheet to assess statutory nuisance.
Insects may become a statutory nuisance when traceable to a commercial activity and there is a significant increase in numbers, which impacts with the comfort and enjoyment of another's home. Statutory Nuisance legislation only covers insects emanating from a trade or business premises and not a domestic property.
There are no laws against feeding wild birds. However, action may be taken in significant and excessive cases where rotten food waste is accumulating or that such bird feeding is the cause of an infestation of rats or mice. Contact your Housing Association Provider or Landlord in the first instance as such behaviours may be covered within tenancy agreement rules.
The Council has no legal duty to control birds, which are protected by law. Nesting or roosting may cause noise or droppings. Find non-lethal control advice from the RSPB or external bird control services via the BPCA.
A pest control service for domestic and commercial premises is available, found out how we may be able to help you: Pest control.
Not every hazard or deficiency in a property is dealt with under the Housing Act 2004. Under nuisance provisions the assessment is a complete condition of the premises that is impacting a neighbouring premises such as the neighbouring damp affecting your premises.
A statutory nuisance may evolve from an impact of a number of defects or 1 defect. If the premises are likely to affect the health of the occupant, voluntary or formal action could be used to remedy the matter.
Asbestos could also be considered a nuisance if disturbed and not in a good condition. If you are on a building site, contact the Health and Safety Executive.
Should the assessment demonstrate a statutory nuisance exists due to the structure of the premises, action will be taken against the owner(s) or person responsible for the statutory nuisance. Or alternatively the Council may carry out the works in default and charge those responsible.
Owners of empty properties should ensure that their empty property is kept secure and presentable. Please contact us if there is an issue with an empty property in your area.
Where there is a dangerous structure please notify our building control team.
Where a property has a considerable amount of:
It may be identified as 'filthy or verminous' under public health legislation.
Some properties may also have a considerable number of stored items which can then be identified as 'hoarding' and in some instances can also present a fire risk.
If you have any concerns that a friend or relative may have a significant hoarding problem, their General Practitioner (GP) should be contacted.
If you are in a position to speak with the occupier you should check if they are okay and in need of help. Family members, their GP or Adult Social Care Services may be able to help.
If your are unable to speak to the person or are being affected please contact us and provide as much information as possible about the person concerned.
We will initially visit yourself and depending on the situation the property for assessment. Often a partnership approach is required working with partners in Adult Social Care, Fire Service and partners. Depending on findings, pest control treatment, cleaning and removal of waste may be asked or formal action may take place to require the works to happen. Failure to comply may result in works in default with a contractor to be arranged and costs to be recovered.
After reading the guidance, and you wish to report an alleged filthy or verminous property or concerns regarding hoarding, please contact us.
Excessive dust caused by activities of commercial premises or building sites may result in a statutory nuisance with formal action required. Dust from domestic properties are not covered by statutory nuisance legislation.
Dust that is considered to cause a statutory nuisance is regarded as an offence under the Environmental Protection Act 1990.
The production of dust and how regular its production is may be determined as a statutory nuisance depending on the factors involved.
With one off events of dust that contribute to high amounts of dust may also be considered a statutory nuisance depending on any significant negative impacts on neighbours.
Environmental permits, including crushing of concrete, are required to be applied for to operate depending on the activity from us or the Environment Agency.
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.
Odours can rise from industrial, commercial or agricultural processes.
We investigate complaints of alleged odour nuisance and take action where appropriate. An odour can, in certain circumstances, be a statutory nuisance. When assessing statutory nuisance, the factors that need to be considered include:
In the first instance, you should approach the person or business causing the odour and explain the situation. If this does not bring about an improvement you may contact environmental health for advice or request that we investigate the complaint.
You will need to provide us with your name and address, details of the odour, when and how long the odour occurs and how it affects you. We may ask you to make a written record of when the problem occurs using the odour recording form.
It is not possible to completely remove all odours. However, planning conditions generally prevent odour nuisances occuring from commercial kitchens.
If you feel that an odour from a commercial kitchen is having an unreasonable effect on the enjoyment of your property, contact Environmental Health for advice.
The Council regulates certain types of businesses to keep air pollution, including odour, to a minimum by issuing environmental permits.
The Environment Agency also issues and enforces permits for larger industrial activities.
Odour complaints may result from the storing and spreading of bio-solids (sewage sludge), animal manure and slurries (muck spreading).
Odours from cooking at a domestic property is not covered under the statutory nuisance provisions. Odours from cigarette smoke or other tobacco products going from one property to another is also not covered under statutory nuisance provisions. Reasonable use has to be taken into consideration, and therefore this is more of a civil matter. Complaints regarding cannabis odour or other substances can be reported however if these are illegal substances these should be reported to the Police via 101.
After gathering the information, we will decide the best way to continue the investigation.
If the investigation verified that an odour nuisance exists we will write formally to the person or business causing the nuisance or may serve an Abatement Notice requiring the odour nuisance to be stopped.
This is a by-product of the treatment of sewage at wastewater treatment works and sewerage systems.
Water is removed from the sludge and lime is added to produce sewage sludge cake. Read the Government's Code of Practice on the best environmental options if you produce or use sewage sludge on agricultural land.
The addition of lime reduces potential for odour, kills bacteria to a safe level and improves its suitability for spreading on agricultural land.
Any environmental problems caused by the storage of sewage sludge are regulated by the Environment Agency
For the best practice on reducing ammonia emissions, please read this Code of Good Agricultural Practice from DEFRA.
Odours caused during the spreading of sewage sludge can be investigated by our Environmental Protection team. Typically, complaints will not be considered only if the odour persists for a minimum of 24 hours after spreading.