DOG FOULING
How Can I Help?
All residents and visitors can help to reduce the amount of dog fouling on Craven's streets. If you witness an irresponsible dog owner, who fails to clean up after their dog has fouled, make a note of the date, time and location of the incident, along with a description of the dog and the owner. If you know their address, please note this down also.
You can report dog fouling by contacting the Dog Warden Service on 01756 706288.
An Enforcement Officer will interview you and decide whether or not to issue a fixed penalty
DOMESTIC NOISE
How Do I Make A Complaint?
For the Council to take legal action on anyone’s behalf, it must be satisfied that a ‘statutory nuisance’ exists and that evidence (suitable for a Court) has been gathered to support the case. In most cases, the following procedure will be followed:
- An informal letter will be sent to the person complained of to inform them of the problem. At this stage, details of the complainant are kept confidential.
- You will be asked to keep a diary, detailing when the noise occurs and how the noise affects you. A Monitoring form is available for you to complete. Select the monitoring form icon in the related documents section.
- Noise monitoring equipment may be installed in your premises if the diary indicates a nuisance exists.
- A Council Officer may visit when the noise occurs to make an assessment
- If a statutory nuisance is found to exist, an ‘Abatement Notice’ will be served to prohibit or restrict the noise.
- If the noise continues, you will be asked to maintain a nuisance diary and an Officer will make another visit when the noise is alleged to occur.
- In some cases the Council may obtain a warrant to enter premises and seize nuisance-making equipment.
- The final option is for the Council to take the ‘offender’ to a Magistrate’s Court where a fine may be imposed and their equipment forfeited.
How Do I Take My Own Legal Action?
Some noise may be intermittent and unpredictable. If it is not possible for a Council Officer to witness the noise, then it is unlikely that the Council will be able to take legal action. Therefore, section 82 of the Environmental Protection Act 1990 allows you to take you own action against a person causing an alleged nuisance. Brief guidelines on what to do follow below, however, you are advised to seek professional advice from your own solicitor.
Once your evidence has been gathered you should go to the local Magistrates’ Court. At the Court you should go to the Clerk’s office and explain that you wish to make a complaint under section 82 of the Environmental Protection Act 1990. You will need to be able to produce evidence as detailed above to show that you have an arguable case.
The Clerk will tell you that you must give three days written notice to the person responsible, that you intend complaining direct to the Magistrates Court. Ensure that your records and those of any other witnesses, are kept up to date and that these witnesses will support you in Court.
The Clerk to the Court will set a hearing date and will serve a summons on the ‘offender’ (you may have to pay a fee for this). In Court you will be required to explain your case, produce your diary and any witnesses. The ‘offender’ will be able to cross-examine you if he wishes.
If the Magistrates are convinced that you have a case, they will make an order requiring the nuisance to be abated, and prohibiting its recurrence. The Court can also impose a fine on the ‘offender’.
If the Order is ignored, you must keep further records and if necessary return to Court with your evidence
FIREWORKS
When Can I Purchase Fireworks?
There are currently no legal restrictions on the times of year when fireworks can be sold, but there is a voluntary code of practice that states:
Fireworks only to be sold for three weeks before November 5th and a few weeks afterwards and For a similar period around New Year.
Under the Fireworks (Safety) Regulations 1997 all fireworks for use by the public must meet British Standards BS 7114. Under these regulations, the sale of fireworks to under 18’s is banned.
From January 2005, sections 9 and 11 of the Fireworks Regulations 2004 will come into force in England, Wales and Scotland, which will prohibit the sale of fireworks to the public from unlicensed traders except for Chinese New Year and the preceding 3 days; Diwali and the preceding 3 days; 15 October to 10 November (Bonfire Night celebrations) and 26 – 31 December (for New Year celebrations). Traders will need to apply for a licence to supply fireworks year round.
Under the Control of Explosives Regulations 1991, it is an offence to keep fireworks (except those for private use) on premises that have not been registered for this purpose. Individuals can store fireworks for private use for up to 14 days, provided they are kept in a safe place.
ENTERTAINMENT NOISE FROM PUBS AND CLUBS
How Can I Prevent Noise Nuisance At My Event?
Preventing Noise Nuisance need not be expensive:
- Simply lowering the volume and reducing the bass can achieve it. Keep the music at a reasonable level. Tune out the bass (this is a major problem with complaints).
- Keep windows and doors shut, including emergency doors.
- Keep speakers away from party walls with your neighbours.
- Place speakers on acoustic mats or absorbent material that will absorb some sound. Speakers can also be hung from the ceiling; this helps to stop the noise transmitting through the building structure
- Design a sound system properly; it is better to have several smaller speakers ‘dotted’ around the premises, rather than one large one next to the DJ.
- Ensure management control over entertainers. During the evening go out into the road and garden to check noise levels.
- Do not let the volume ‘creep’ up during the evening.
- Make sure DJ announcements are not a problem.
- Ensure good management control over patrons when they are leaving.
Other Noise Control Measures:
- The fitting of a noise-limiting device.
- The fitting of a secondary glazing or locking certain windows, where windows point at residential neighbours.
- Lobbied entrances (double doors).
- Mechanical ventilation may become necessary.
- Music should cut out if emergency exits are opened.
- Customers often open emergency exits if it is too hot and this is why mechanical ventilation and management control may be needed. Interlock the emergency exits with the noise-limiting device.
Pub Gardens and Other Outside Areas
- Be very careful if speakers are used in your pub gardens, this can easily cause a noise nuisance to neighbours. Loud voices, especially those singing along to the music, will certainly cause a problem.
- Children’s play areas can also cause a noise nuisance. If not adequately supervised, a group of children can create quite a lot of noise.
- Barbecues can also cause problems. Not only can you have loud voices with people enjoying themselves, but it is also a prime time to have external loud speakers. Please think about how this could annoy neighbours.
External Loud Speakers
- Loud speakers on the public pavement or fixed to the walls of premises fronting the pavement are not acceptable, this is actually prohibited by law.
BARKING DOGS
Why Do Dogs Bark?
Dogs are not by nature solitary animals, they need the security of a family group. Pet dogs regard their owners as a substitute family and can soon become distressed when left alone for long lengths of time.
Some of the reasons why a dog may bark:
- Loneliness
- Boredom or frustration
- Attention seeking
- Defending his territory
- Medical problems
Training
Training is important so that your dog does not bark at anything that moves. A well-trained dog should be able to distinguish between visitors allowed into the house and people who are intruders. Good training is essential at an early age. This combined with affection and companionship should mean that your dog will not develop these bad habits. Always start as you mean to go on.
Some Simple Things to Try
Some dogs just don’t want you to go out. Get your dog used to the idea using some of the following ideas:
- Leave at differing times during the day. That way he may not be so concerned each time you leave. Don’t make a fuss of your dog when you leave him.
- Try putting the dog on his own in another room for a few minutes, then gradually build up the time you leave your dog until he is quiet for a period. When you return praise him.
- Some dogs bark because they want to join in with what’s going on outside. If this is the problem, try leaving you dog where he cannot see outside.
- Some dogs will settle only if they can hear a human voice. Leaving the radio or television on at a low volume may help.
- Try not to leave your dog for long periods, but if you have to, see if there is someone who can look in during that time. Maybe that person could take the dog for a walk or let him out into the garden, if you have one. A dog door is very useful to allow the dog access to the garden when you are not there.
If you do have to leave your dog for long periods: Feed and exercise him before you go out and leave him fresh water to drink.
- Make sure his bed or basket is comfortable and not in a draught or direct sunlight.
- Leave him a large marrowbone to chew and some of his favourite toys to play with.
- Make sure that the room is not hot or too cold and that there is adequate ventilation.
- If you are not returning until after dark, either leave a light on or use a night light that comes on automatically when it gets dark.
If you leave your dog outside all day:
- Try not to put his kennel near a neighbour’s fence where the dog may be tempted to bark.
- Ensure the garden is completely secure, to prevent your dog from straying locally and causing problems to neighbours.
- Don’t blame the dog and think that you will solve the problem by replacing him with another. All dogs bark and unless you change your lifestyle at the same time, the problem will still be there.
- Considering a second dog for company may help. But think about this carefully. Do you have the space and can you afford it? A second dog could result in more, not fewer problems.
Nothing you have tried works?
Old dogs can be taught new tricks. Contact your vet or other expert sources, for advice.
DUST AND ODOURS
How Can I Minimise The Likelihood of Complaints?
- Construction sites and Demolition Sites:
Close neighbours should be informed in advance of any works to be carried out which may affect them.
Care should be taken to minimise dust production and migration during all activities. There should be a dust management system in operation based on prevention of dust migration across the site boundary.
- Other Commercial Sites:
Prevent dust leaving your premises on vehicle wheels by installing wheel washers and regularly sweeping the yard clean.
Any materials that are not contained and therefore could become airborne should be dampened.
Warm dry weather is the worst time for fugitive dust emissions
During these periods it may be wise to use extra precautions to suppress dust, especially as neighbouring residents spend more of their time outdoors and have their windows and doors open
BONFIRES
What Should I Do If A Bonfire Is Causing Me A Nuisance?
- Step one
Approach the person causing the nuisance and politely make them aware of this. Often people are not aware that they are causing a nuisance.
- Step two
If speaking to the person directly does not help you can make a complaint to the council. If, after an investigation, the council decides that the bonfire is causing a nuisance, they will approach the person responsible and ask them to stop. If they refuse, a notice may be served to stop them having bonfires. Failure to do this could lead to court action and a fine of up to £5000.
If I Have A Bonfire What Can I Do To Reduce The Potential Nuisance To Others?
- Avoid having one when the wind is blowing in the direction of your neighbours.
- Never use petrol, methylated spirits or similar to light the fire.
- Never leave the fire unattended.
- Ensure that plastics, painted materials, plywood and chipboard are NOT burned as they can give off poisonous chemicals - some of which can cause cancer
RATS
Are They A Health Risk?
Rats can transmit many diseases to humans, including Salmonellosis (food poisoning) and Weils disease.
Rats will eat or contaminate food intended for humans. It is estimated that up to 5% of food produced world-wide is lost as a result of rodent activity.
Damage to buildings and other structures due to rat gnawing and burrowing.
How Do I Control Rats?
Rats are adaptable, highly mobile and breed rapidly. This combination makes rat control a difficult task for the untrained individual.
We provide a service for the treatment of rats in domestic properties. Fully trained Pest Control Officers will survey the infestation, then place poison bait in the most appropriate locations. Follow up visits will be made in order to ensure the success of the treatment
PIGEONS
Why Are Pigeons A Problem?
Pigeons can cause damage, carry insect pests and leave droppings. Pigeon droppings carry disease, create smell and cause damage.
How Can You help?
- By not feeding the pigeons
- By disposing of food litter properly
- Do not let pigeons use your property for roosting or nesting. If this is happening the Council will provide advice on prevention
What Will Happen To The Pigeons?
- They will find their own food naturally
- They will breed less often
- Flocks will be smaller
Please do not feed the pigeons. Craven District Council is asking for the public’s co-operation in not feeding the pigeons. We appreciate that many get pleasure from feeding them but we need the publics help to ensure pigeon numbers drop naturally.
STRAY DOGS
What Happens To Stray Dogs If They Are Not Collected?
Dogs in kennels after 7 days will be either sold or donated to an individual or organisation willing to care for the dog
In some cases, after 7 days, dogs can be destroyed in a humane manner by a qualified veterinary surgeon
How Can I Avoid Having My Dog Seized?
The first time a dog is seized and identified it will be returned to the owner, providing:
- The owner is resident within the Craven District Council boundary
- The owner is available when the dog is returned to the address
Responsible and caring dog owners understand the importance of keeping their dogs under proper control and correctly identified through a collar and tag or preferably a micro chip
FLOODING
Do The Council Provide Sandbags?
We can offer an emergency supply of sandbags if there is an unexpected or serious threat of flooding. Sandbags can be sent to sites where the current levels of protection are likely to fail, resulting in flood damage to buildings or their contents.
Please note, this is a voluntary service we cannot guarantee to deliver sandbags at all the sites that might need them, it is the residents or owners responsibility to protect themselves
How Can I Protect My Home?
There are many things you can do to reduce the risk of flood damage to your Property.
Make a plan prepare yourself and your property in advance. Keep this information and the useful telephone numbers on the back to hand.
Prepare a simple flooding pack a torch, candles, matches, battery operated or clockwork radio, a few simple tools and wellington boots. Supplies of bottled water and food on an upper level should also be kept.
Contact your neighbours if you are at risk, your neighbours are at risk too. Include them in any plans and work together.
You can buy sandbags from most builder’s merchants and DIY stores. Plastic or polypropylene is best because they last longer. Alternatively it is relatively easy to create your own sandbags by filling black plastic sacks with soil although this method may not be as effective.
A number of private companies are offering purpose built door, window and air brick covers. The Environment Agency has a comprehensive list available. The list is available on their website at http://www.environment-agency.gov.uk/.
Another means of protection is by fastening plastic sheets to the outside of any external doors and keeping them closed. This should provide a seal between the door and the frame but again this may not be as effective as installing proper door boards and covers.
Be insured make sure you have proper insurance cover and keep the details to hand.
Turn off utilities in the event of flooding make sure you turn of your water, gas and electricity supply from the mains to prevent contamination and potential electric shocks. Do not turn them on again until your property has been properly inspected.
Pets if you do have to be evacuated, separate arrangements can be made for
Some domestic animals through our Animal Welfare service or the RSPCA.
LAND DRAINAGE
Who Is Responsible For Land Drainage?
The rivers, streams and ditches are the responsibility of the 'riparian' landowners who own land on either bank. If your property is adjacent to a watercourse of any description you are a riparian owner and should be maintaining it regularly. This will have the benefit of reducing the risk of flooding from the watercourse at times of wet weather - both for you and your neighbours.
Even if the Title Deeds for a owner's property show the boundary to be the fence, they have riparian rights and responsibilities to the centre of the watercourse.
As a riparian owner you have certain rights and responsibilities in relation to the watercourse flowing through or adjacent to your property. These 'riparian rights' are based on common law and have been defined as a result of legal cases over many years. These rights are not absolute and you may in any event have to obtain consent for work from the Environment Agency or the Council
What Are My Rights As A Riperian Landowner?
You have the right to receive flow of water in its natural state, without undue interference in quantity or quality
You have the right to protect your property from flooding, and your land from erosion
You have the right to fish in your watercourse, although this must be by legal methods and with an Environment Agency rod licence
You can abstract a maximum of 20 cubic metres per day of water for the domestic purposes of your own household or for agricultural use, excluding spray irrigation, from a watercourse at a point which directly adjoins your land without the need for a licence. Most other types of abstraction will require a licence from the Environment Agency.
These rights are modified by your duty of care to other riparian owners, the rest of the community and to the environment.
Before starting any work on or adjacent to a watercourse, you must submit the plans of any work to the Environment Agency and the Council to determine whether you require a land drainage consent and/or planning permission. Environmental issues, including flood risk, wildlife conservation, fisheries, reshaping of the river and landscape, must all be considered.
What Are My Responsibilities?
You have the responsibility to pass on flow without obstruction, pollution or diversion affecting the rights of others.
You have the responsibility to accept flood flows through your land, even if caused by inadequate capacity downstream, as there is no common law duty to improve a watercourse.
You have the responsibility for maintaining the bed and banks of the watercourse (including trees and shrubs growing on the banks) and for clearing any debris, natural or otherwise, including litter and animal carcasses, even if it did not originate from your land.
You must not cause any obstructions to the free passage of fish.
You are responsible for keeping the bed and banks clear from any matter that could cause an obstruction either on your land, or by being washed away by high flow to obstruct at a structure downstream. Watercourses and their banks should not be used for the disposal of any form of garden or other waste.
You have the responsibility for protecting your property from seepage through natural or man-made banks. Where such seepage threatens the structural integrity of a flood defence, it may become the concern of the Environment Agency.
DRAINS
A Large Tree Is Near My Drain. Will It Damage It?
In normal circumstances roots do not cause damage to a pipe, but roots may cause blockages by growing into existing cracks or defects in the pipe
My Neighbour’s Septic Tank/Cesspool Appears To Be Overflowing. What Can I Do?
To maintain good neighbour relations, you may wish to discuss the problem with them, as they may not know that there is a problem. If this does not work then contact the Environmental Protection Department on 01756 706339
How Can I Have A Cesspool Or Septic Tank Emptied?
Craven District Council does not provide this service. Please refer to the Yellow Pages for telephone details of contractors.
I Have Bought My Council House. Who Is Responsible For The Private Sewers?
As the house owner, you are responsible for maintaining the sewers equally with the other owners, on a proportional basis.
My Drains Are Blocked. What Can I do?
If a blockage occurs, in a private drain or sewer, it may be cheaper and more convenient to do the work yourself, taking extra care not to put your health at risk. Simple things such as wearing gloves and washing your hands afterwards can help reduce any risk. A set of drain rods can clear most blockages; these can be hired or bought at a reasonable cost. If the blockage cannot be cleared with rods or will be a risk to your health, then a sewer-cleansing specialist will be needed. However, if you do ring you will be charged for the work being done so it may be advisable to get the money or make arrangements with the other owners involved first or contact the Council’s Environmental Protection Department on 01756 706339
Septic Tanks and Cesspools
What Is A Cesspool?
A cesspool or cesspit is a sealed underground storage tank that retains the sewage until the time of disposal. It may be brick or block construction or manufactured in steel or reinforced glass fibre and have minimum capacity of 18,000 litres.
Where Can A Cesspool Be Sited?
A cesspool should be sited so that there is no risk of polluting water supplies and for preference as far as possible from any inhabited building.
Can A Cesspool Go Wrong?
The tank can overflow or may leak which is an offence under the 1936 Public Health Act. In addition if it pollutes a watercourse, the Environment Agency may take legal proceedings under the Water Resources Act 1991. This can lead up to a fine of £20,000 and 3 months imprisonment.
If it leaks a drainage engineer should be called out to remove the waste and clear up the sewage. The cause of the leak should be identified and remedied.
What Is A Septic Tank?
A septic tank is a type of biological sewage treatment system. Naturally occurring bacteria break down the solid matter, reducing its volume. The liquid element is discharged usually via effluent drainage systems "soakaways" The accumulated solids need only be pumped out occasionally by a licensed contractor.
Like cesspools, they may be constructed in brick or blocks, although modern types are pre-formed in reinforced fibreglass. More efficient systems have now been developed to produce a better quality of effluent that can be discharged direct to a watercourse. Consent to discharge the treated effluent may be required from the Environment Agency.
Where Can A Septic Tank Be Sited?
The tank should ideally be sited away from housing. Please contact Building Control Office at the Council for more specific advice.
What Are Percolation Tests?
Percolation tests need to be carried out to ensure that there is sufficient land to take the water away from a septic tank or a similar installation. The tests should be carried out following BS6297: 1983 to determine the size of the effluent drains or soakaways, which should be sited 6 meters from a water course. It may not always be possible to install soakaways soil conditions or other factors such as ground water levels may make them inapplicable. In this case you will need to consider some other form of drainage. Before constructing soakaways it is a requirement to obtain”Consent to Discharge" from the Environment Agency. The Councils Building Control department will also advise you on how to perform the percolation test.
How Do I Avoid Problems?
Cesspools: check the level in the tank regularly, do not let it overfill. Have it emptied at regular intervals: these will become more frequent if you install a dishwasher for instance
Septic tanks: Do not use excessive amounts of household detergents or bleaches; these upset the biological balance of the system. Do not overload the system by connecting rain or water drains to septic tanks or cesspools.
What If I Have A Problem?
Problems occur only very rarely, but should be remedied as quickly as possible. If you are unable to locate the problem and deal with it yourself, call out a specialist contractor. It may be necessary to have the tank emptied check the contractor can provide this service.
How Can The Council Help?
The Council can provide advice on septic tanks and cesspools as well as investigate complaints of nuisance from drainage systems, leaking tanks or defective soakaways for instance, and require the owner or owners to remedy the problem. Failure to do so can result in legal action against the person responsible under the Public Health or Building Acts.