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Frequently Asked Questions

Noise, Dogs and Pollution
 

Q: Who can I report noisy neighbours/barking dogs to?

A: Under the Environmental Protection Act excessive noise, such as amplified music or barking dogs, can be classified as a nuisance. To be considered a nuisance the noise has to be a persistent problem, interfering substantially with your well being, comfort or enjoyment of your property.  In the first instance talk to your neighbour to try to resolve the situation amicably.
 
If noise is causing a disturbance then contact the Environmental Protection Group.
 
DOGS
 
Q: What is the law regarding dog fouling in public places?
 
A: South Lakeland District Council have adopted and enforce the Dogs (Fouling On Land) Act 1996. The following is land designated by South Lakeland District Council under this legislation:
 
All land within/on the District Councils boundary which is in the open air to which the public are entitled or permitted to have access with or without payment (subject to the exemptions contained in Section 1 of the Dogs (Fouling of Land) Act 1996) is hereby designated for the purpose of that act.
 
This designation includes all carriageways with a speed limit of 40 mph. or less and adjoining footways, footpaths and verges and any covered land which is open to the air on at least one side.
 
Exemptions from the Act include;
  • Carriageways with a speed limit of more than 40 mph and land running alongside them.
  • Land used for agriculture or woodlands.
  • Land which is predominantly marshland, moor or heath.
  • Rural common land.
Q: Does my dog need identification?
 
A: Yes. Your dog must wear a collar with a tag (showing the owners' address and telephone number) in a public place.
 
Q: I've lost my dog. Who do I call?
 
A: Report it to South Lakeland Direct on 0845 050 4434 as soon as possible; we keep a register of all lost and found dogs within the South Lakeland area. It is also worth informing your local Police and vets. Those that live close to the border of the district should also call neighbouring District/Borough Councils.
 
Q: I have found a stray dog. What do I do?
 
A: Report it to South Lakeland Direct on 0845 050 4434. The Dog Wardens will arrange to collect the dog from you between 9am and 5pm Monday to Friday. You can keep the dog at home if you wish but you must report it as soon as possible.
 
Q: I would like to give an unwanted dog a home. Where do I go?
 
A: Call South Lakeland Direct on 0845 050 4434. We occasionally have dogs to rehome and can also give you the numbers for Dog Rescue Centres.
 
POLLUTION
 
Q: How can I carry out a Radon test on my property?
 
A: Tests can be ordered through the Health Protection Agency, telephone 0800 614529.  They can also provide further information on radon.
 
Q: Are farmers really allowed to spread what they like on their fields?
 
A: Yes, however they have to comply with legislation that is enforced by the Environment Agency (EA). We investigate these problems, and liase with the EA and the farmer to ensure as little disturbance is caused as possible. They should also NOT cause a statutory nuisance.
 
Q: What does the law say about garden bonfires?
 
A: If used in the correct manner, the occasional bonfire should not cause a major problem. However, under the provisions of the Environmental Protection Act 1990, smoke from bonfires can be classified as a nuisance. To be considered a nuisance the bonfires have to be a persistent problem, interfering substantially with your well being, comfort or enjoyment of your property.
 
If this is case contact the Environment Protection Group
 
Q: Do you have any information on the local Air Quality?
 
A: Yes we carry out monthly monitoring of Nitrogen Dioxide and have historical data for this, Benzene and Ozone levels around the District.  Continuous monitoring of oxides of Nitrogen also takes place along Lowther Street in Kendal.  We have access to limited air quality information from some of the more polluting industries in the District.  See the Useful Links page for websites showing national pollutant levels and the Air Quality pages for local data.
 
Q: My neighbour has a garden spotlight shining into my bedroom, what can be  done?
 
A: Lighting can now be a statutory nuisance under the Environmental Protection Act 1990, following it's introduction under the Clean Neighbourhoods and Environment Act 2005.  However, you should approach your neighbour in the first instance and ask them to re-locate or re-angle the light to avoid this situation and resolve it amicably. Should this not resolve the matter, please contact the Environmental Protection Group for further help.
 
Q: My neighbours septic tank/cess pit is leaking onto my land, what can be done?
 
A: Try speaking to your neighbour, as they may not realise that this is happening. However, we have the power to ensure that a property has adequate means for the disposal of wastewater. If there is wastewater running across your land, this is not considered adequate disposal, and we can take the necessary steps to resolve this problem.  Please contact the Environmental Protection Group for further help.
 
Q: There is a heap of rubbish in my neighbours garden, what can I do?
 
A: If the rubbish is putrescible and likely to present an odour problem or attract vermin we can contact the person responsible and get the rubbish removed. 
 
Q: The manhole in my garden is overflowing, what can I do?
 
A: If the manhole is on a length of drain which serves only your property then you must arrange the unblocking of the pipe yourself. If the pipe serves (or you suspect it serves) more than one property you should contact the Environmental Protection Group for further advice.