Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, if he will make an assessment of the adequacy of existing legislation to tackle common nuisances such as (a) smoke, (b) bonfires, (c) smells and fumes, (d) accumulation of rubbish, (e) infestations and (f) litter.

Local authorities are the main enforcers of the statutory nuisance regime under the Environmental Protection Act, 1990. The Government considers that any issues that could be the cause of statutory nuisance, including smoke, bonfire and smells are best dealt with at a local level. Local authorities need to be able to take account of local circumstances when determining how best to apply the powers available to them, such as issuing abatement orders.

Owners of industrial, trade and business premises are expected to use the best practicable means available to reduce smoke, smells and fumes and other potential sources of statutory nuisance emanating from their place of work in the first place.

The Environmental Protection Act 1990 also sets out clear responsibilities for local authorities with regards to keeping land clear of litter and refuse and provides them with strong enforcement powers to help them do this. Anyone caught littering or fly-tipping may be prosecuted which can lead to a significant fine or even imprisonment in the case of fly-tipping. Instead of prosecuting, councils may decide to issue a fixed penalty (on-the-spot fine). We increased the upper limit for fly-tipping and littering fixed penalties to £1000 and £500 respectively in July 2023 and as of 1 April 2024 councils must now reinvest income from these penalties in enforcement and clean up.

Additionally, we provide guidance on how councils can discharge their duties and use their enforcement powers and have recently consulted key stakeholders on putting our current litter enforcement guidance on a statutory footing.

The Secretary of State considers the current legislation provides local authorities with the necessary powers to deal with these types of nuisance issues.