Excessive dust from commercial premises or building sites may be considered a statutory nuisance if it affects people or property.
One-off events may be considered a statutory nuisance if they cause substantial disruption.
In these cases, formal action may be taken under the Environmental Protection Act 1990.
Dust from domestic properties is not covered by statutory nuisance legislation.
Reporting dust nuisance
We assess dust complaints based on:
- how often dust is produced
- the amount of dust
- whether the dust causes significant negative impacts on neighbours
- whether the dust escapes beyond the site boundary
Environmental permits
Some activities, such as concrete crushing, require an environmental permit. These are issued either by us or the Environment Agency, depending on the type of activity.
While permitted activities are exempt from nuisance legislation, dust leaving the site boundary may breach permit conditions. If this happens, enforcement action may be taken.