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This information applies to Scotland only
Abandoned vehicles
It is an offence to abandon a vehicle on land or on a highway.
A local authority or the police must, by law, remove a vehicle which is abandoned on a highway, or on any other open land in their area. Such vehicles may be impounded and the removal and disposal costs charged to the last registered keeper.
To report an abandoned vehicle, you should contact the environmental health department at your local authority. If the vehicle has been abandoned after being stolen, the registered keeper may not have to pay the costs incurred by the local authority in uplifting and storing or disposal of the vehicle.
If the local authority thinks a vehicle has some value, it must attempt to trace the last registered keeper who has seven days to uplift the vehicle.
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Air pollution
The effects of air pollution can include smoke, smells, and chemical emissions. Air pollution may affect your health or damage your property, for example, smoke may affect paintwork. The effects of the pollution may be delayed, and only become clear some time after the pollution occurs. Air pollution may be created either by an industrial chemical process, or a private individual, for example, by lighting a bonfire, or burning waste plastic or car tyres.
If you want to complain about air pollution created by, for example, a neighbour, you should first try and resolve the problem by speaking to your neighbour. If this does not work, you can complain to the environmental health department of your local authority. Your local authority will also deal with complaints about smaller industrial processes, for example, an incinerator or a foundry. If you want to complain about pollution from a larger industrial process, for example, a power station or oil refinery, you should contact the Scottish Environment Protection Agency (SEPA) – see under heading Further help.
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Beaches
The local authority is responsible for keeping leisure beaches clear of litter from 1 May to 30 September each year. If you are unhappy about the condition of your local beach you can contact the local environmental health department.
Sea water is tested regularly by the Scottish Environment Protection Agency (SEPA). Results are published annually on the SEPA website.
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Dog nuisance
Dog mess
Your local authority must clear up dog mess from public pavements. It is an offence for someone in charge of a dog to fail to remove and dispose of the excrement from a public place. The police or an enforcement officer from the local authority can impose a fixed penalty of £40.
The local authority can also choose to make local laws to force owners to clear up after their dogs in places such as parks, streets and beaches. If your dog fouls one of these areas, you must remove the mess, unless you are a blind person in charge of a guide dog or have a disability that the dog has been trained to assist with.
Dog control
Dogs can be dangerous when they get out of control. If you are worried about a dangerous dog, you should contact the police. If there is an area where dogs are often a nuisance, you can tell your local authority. The owner of a dangerous dog can be fined and/or imprisoned. The local authority can make local laws to make owners keep dogs on leads in particular areas or to ban dogs from places like children's playgrounds.
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Flooding
If you think that your property is in an area which is prone to flooding, you should contact the Scottish Environment Protection Agency's (SEPA) special help line, called Floodline. You can call Floodline to:-
- get general information and advice, in English
- get recorded information about the latest flooding information
- report a flooding incident in an emergency
- request a free Flood Warning Information Pack.
Floodline cannot provide detailed information about weather or travelling conditions. You can contact Floodline on: 0845 988 1188.
You can also contact your local authority to check what defences against flooding are provided in your area. The owner of the property or land has the main responsibility for acting to prevent flooding.
If sufficient defences are not provided, the local authority has discretionary powers to construct and maintain defences.
If your property and possessions are damaged as a result of flooding, or you incur extra expenses, you should make a claim on your insurance. You may also be able to get a crisis loan from the Government if there is an emergency or the flooding is recognized as a disaster.
For more information about crisis loans, see Help for people on a low income - the Social Fund.
If you are made homeless because of flooding to your property and you are a tenant, you should ask your landlord if they can provide you with alternative accommodation until you can move back into your own home. If this is not possible, or if you are a homeowner, you may be able to make an application to your local authority housing department as a homeless person.
For more information about making a homeless application to your local authority, see Finding accommodation.
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Land contamination
The local authority has responsibility for checking land that may be contaminated and ordering that it is cleaned up. If you are concerned that land may be contaminated you should contact the environmental health department of the local authority.
The Scottish Environment Protection Agency (SEPA) has a 24 hour pollution helpline that you can use to report accidents or incidents of contamination that need an urgent response on 0800 80 70 60.
The National Society for Clean Air and Environmental Protection has a website with useful information on land contamination in the Topics and Issues section of www.nsca.org.uk.
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Light pollution
If you are annoyed by a bright artificial light, for example, caused by security lighting, you should report the problem to the environmental health department of the local authority who may agree that it is a nuisance. If the local authority does not agree you can take action in the sheriff court.
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Litter
It is illegal to drop litter. Local authority wardens and the police have the power to issue fixed-penalty notices to anyone caught dropping litter. Failure to pay the fine can result in the offender being prosecuted. Anyone caught dumping litter or waste can be prosecuted.
Your local authority should make sure that streets, parks and open spaces are kept clean. Local authorities and other public bodies such as government departments and transport operators must also keep their own public land clear of litter and refuse.
If you want to report litter on land owned by a public body, you should contact the organisation concerned. If no action is taken, you can approach the local authority environmental health department which can issue a Litter Abatement Notice.
Additionally, your local authority can take measures to force private organisations to control litter on their land. It can do this by, for example:-
- creating a litter control area, for example, a shopping centre or car park, within which the owner must control litter
- issuing a street litter control notice to a shop owner, requiring them to keep a pavement clear of litter
- issuing a fixed-penalty notice.
The Scottish Environment Protection Agency has a Fly-tipping stop line called the Dumb Dumpers Stop Line 0845 2 30 40 90 or visit www.dumbdumpers.org.
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Mobile phone masts
If you want to complain about the siting of a planned mobile phone mast in your area, you can object to the planning department of your local authority. You may also want to contact the mobile phone company direct.
The National Radiological Protection Board for Scotland can provide information and advice about health issues relating to mobile phone masts. The website www.sitefinder.radio.gov.uk maps all mobile phone mast stations including those with masts.
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Noise
If you are suffering from noise nuisance, for example from a neighbour, construction site or local business, this may be treated as a criminal offence. You should first try to resolve the problem by speaking to your neighbour or the people concerned. If this does not work, you can complain to the police or environmental health department of your local authority. The police can fine someone who refuses to stop the noise and they can seize sound producing equipment.
If your local authority accepts the complaint is justified, it can serve a warning notice. If the person responsible for the noise does not reduce it s/he may be issued with a fixed penalty notice. If the environmental health department considers that the noise is a statutory nuisance it can issue an abatement notice. The person has 21 days to appeal.
For more information about noise nuisance, you can view a leaflet called Sound advice on noise - don't suffer in silence.
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Pest control
You are responsible for dealing with any pests you find on your own property. Pests include mice, rats, pigeons, cockroaches, fleas, lice and bed bugs. Your local authority may provide a pest control service, but they may charge for it. If you are a tenant, you should report pests to your landlord.
If you suspect there are pests in a neighbouring property, you should first approach the owner. If your neighbour refuses to clear up a problem of infestation by pests, you can complain to your local authority. The local authority can inspect the property and clear it up themselves, and they can charge the owner for this.
Your local authority must keep such pests under control on their own land and property. If you are concerned about pests, you should contact the environmental health department of your local authority, which should take steps to resolve the problem.
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Streets and pavements
If you have a complaint about the condition of a street or pavement, you should contact the development department of your local authority. You should tell your local authority if you believe that defective or icy pavements or roads may cause an accident. If you have suffered a personal injury because of the condition of a street or pavement, for example, you have tripped on a paving stone, or slipped or skidded on an untreated icy street or pavement, you may be able to take legal action against the authority and claim compensation.
For more information about how to claim compensation for personal injury, see Personal injuries.
You should also complain to your local authority about problems resulting from street works by utility companies (for example, gas, water, electricity) or cable companies. You should ask your local authority to help if:-
- they make it hard to get to your property – but try to take it up first with the company responsible for the works
- you are worried about noise nuisance or air pollution
- the works are dangerous, either when they are in progress, or when they have been finished
- a road or path is not put back to its original condition.
The development department is also usually responsible for the maintenance of street furniture, for example, traffic lights, street lamps, crossing controls and litter bins. However, in some cases, another organisation may be responsible, for example, a bus stop or bus shelter may be the responsibility of a private company, or a particular street lamp may be the responsibility of the parish council. The development department should be able to tell you which organisation is responsible.
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Traffic management and parking
The development department of your local authority department is responsible for the management of traffic and parking. Its powers include:-
- setting speed limits
- imposing traffic calming measures, for example, road humps, islands, chicanes and rumble strips
- establishing permanent or temporary parking restrictions.
Before they bring in new traffic management or parking controls, your local authority must publish details of their proposals in the local papers. They may also put up notices in the streets concerned. You have a right to comment on these proposals or object to them. If you believe there should be new traffic or parking controls in a particular street, you can ask your local authority to consider bringing them in.
Nuisance parking
Unless parking in a street is prohibited, or a space is reserved by the local authority for a particular resident, you do not have an automatic right to park directly outside your home or to prevent others from doing so.
You should report parked vehicles which are causing a nuisance to the police.
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Waste disposal
The collection and recycling of most types of waste are the responsibility of your local authority. This will be the case even if the authority has contracted its waste collection services out to a private contractor. An authority may charge for the collection of large items.
If you are unhappy about the way your local authority collects or disposes of waste, you should use the internal complaints procedure. If you are not happy with the outcome, you can complain to the Scottish Public Services Ombudsman.
For more information about how to complain to the Scottish Public Services Ombudsman, see How to use an ombudsman.
Disposal of electrical appliances
If you are buying a new electrical appliance, the shop that sold it to you must offer you a free disposal service for your old item. This includes all large and small household appliances, fridges and freezers, IT equipment and many other electrical goods such as tools and sports equipment.
Shops must offer you at least one of three options for getting rid of your old appliance. These are:-
- to take your old item back to the shop
- direct you to a special local collection site where you can get rid of your old item for free
- to have your old item collected when your new appliance is delivered.
Shops only have to offer you one of these options. They don't have to offer you free collection from your home or to let you return your appliance to the shop.
Fridge and freezer disposal
If you need to dispose of an old fridge or freezer, and you are not buying a new one, you should make sure that it is done safely to prevent accidents or harm to the environment. The refuse department of your local authority must provide a collection service for bulky items, but they can charge you a fee for this. Alternatively, you can take your appliance to your local civic amenity site for disposal free-of-charge. They will ensure that your old appliance is disposed of safely.
You can get more information about the disposal of fridges and freezers from the Scottish Executive – see under heading Further help for website addresses.
For more information about disposal of electrical appliances, go to the Scottish Environment Protection Agency's website at www.sepa.org.uk.
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Wind farms
If you are worried about a wind farm or a plan to put one up in your local area you can contact the local planning department. A wind farm can only be constructed if planning permission has been obtained.
There is more information on renewable energy at www.scotland.gov.uk/planning.
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Further help
Health and Safety Executive (HSE)
The Health and Safety Executive (HSE) is responsible for a variety of health and safety issues across Britain, including dealing with some environmental issues. The contact details are:-
Health and Safety Executive (Scotland East)
Belford House
59 Belford Road
Edinburgh
EH4 3UE
Tel: 0131 247 2000
Incidents line: 0845 300 9923
General information line: 0870 154 5500
E-Mail: hseinformationservices@natbrit.com
Website: www.hse.gov.uk
Health and Safety Executive (Scotland West)
375 George Street
Glasgow
G2 4LW
Tel: 0141 275 3000
Incidents line: 0845 300 9923
General information line: 0870 154 5500
E-mail: hseinformationservices@natbrit.com
Website: www.hse.gov.uk
National Radiological Protection Board Scotland
The National Radiological Protection Board Scotland provides information and advice to the Scottish Executive relating to protection from radiation hazards, (including radon gas). The contact details are:-
National Radiological Protection Board Scotland
155 Hardgate Road
Glasgow
G51 4LS
Tel: 0141 440 2201
Fax: 0141 440 0820
E-Mail: glasgow@hpa-rp.org.uk
Website: www.hpa.org.uk/radiation
Scottish Environment Protection Agency (SEPA)
SEPA is responsible for the control of pollution of air, land, sea and water in Scotland. This involves environmental monitoring and general pollution prevention and control duties. It has a number of regional offices.
The corporate office of SEPA is:-
Scottish Environmental Protection Agency
Erskine Court
Castle Business Park
Stirling
FK9 4TR
Tel: 01786 457 700
Fax: 01786 446 885
E-mail: feedback@sepa.org.uk
Website: www.sepa.org.uk
Pollution hotline: 0800 80 70 60
Floodline: 0845 988 1188
Waste Action Line: 0800 389 5270
Fly-tipping Stop Line: 0845 230 4090
The Scottish Executive Environment and Rural Affairs Department (SEERAD)
The SEERAD is responsible for advising the Scottish Ministers on environmental policy and ensuring the implementation of these policies in Scotland.
Scottish Executive Environment and Rural Affairs Department (SEERAD)
Room 440
Pentland House
47 Robb's Loan
Edinburgh
EH14 1TY
Tel: 0131 556 8400
Fax: 0131 244 6116
E-mail: ceu@scotland.gsi.gov.uk
Website: www.scotland.gov.uk
Waste Aware Scotland
Waste Aware Scotland has been established by SEPA as a national campaigning programme that aims to change public attitudes and behaviour towards waste. It provides an A-Z guide to recycling and provides links to local Area Waste Plans.
Waste Aware Scotland
Islay House West
Livilands Lane
Stirling
FK8 2BG
Tel: 01786 471333
Fax: 01786 464611
Website: www.wascot.org.uk
Environmental Campaigns (Encams)
Environmental Campaigns (Encams) can provide information and advice about litter and improving and maintaining the local environment. It also runs the Keep Britain Tidy campaign. The contact details are:-
Environmental Campaigns (Encams)
Elizabeth House
The Pier
Wigan
WN3 4EX
Tel: 01942 612639
Fly-tipping hotline: 0845 300 0630
Fax: 01942 824778
E-mail: information@encams.org
Website: www.encams.org
Environmental Law Foundation
The Environmental Law Foundation is a charity providing support and legal advice on environmental matters to both individuals and local community and neighbourhood groups. Contact details are:-
Environmental Law Foundation
Suite 309
16 Baldwin Gardens
London
EC1N 7RJ
Tel: 020 7404 1030
Fax: 020 7404 1032
Email: info@elflaw.org
Website: www.elflaw.org
Friends of the Earth (Scotland)
Friends of the Earth campaigns and publishes information about a wide range of environmental issues. It can also provide information and advice to advisers and members of the public. Contact details are:-
Friends of the Earth (Scotland) Ltd
Lamb's House
Burgess Street
Leith
Edinburgh
EH6 6RD
Tel: 0131 554 9977
Fax: 0131 554 8656
Website: www.foe-scotland.org.uk
Keep Scotland Beautiful
Keep Scotland Beautiful campaigns on waste and litter reduction.
Keep Scotland Beautiful
Islay House
Livilands Lane
Stirling
FK8 2BG
Tel: 01786 471333
Fax: 01786 464611
E-mail: ksb@encams.org
Website: www.keepscotlandbeautiful.org
Marine Conservation Society (MCS)
The Marine Conservation Society (MCS) works to protect the marine environment and its wildlife. MCS also provides a range of resources, including factsheets and books.
Marine Conservation Society (MCS)
Unit 3
Wolf Business Park
Alton Road
Ross-on-Wye
Herefordshire
HR9 5NB
Tel: 01989 566017
E-mail: info@mcsuk.org
Website: www.mcsuk.org
National Society for Clean Air and Environmental Protection Scotland
The National Society for Clean Air and Environmental Protection Scotland (NSCA Scotland) promotes clean air and environmental protection through the reduction of air, water and land pollution, noise and other contaminants. It can provide information for members of the public and provides leaflets on the subjects of noise, air pollution and contaminated land. Contact details are:-
National Society for Clean Air and Environmental Protection Scotland
c/o Glasgow City Council
Environmental Protection Services
231 George Street
Glasgow
G1 1RX
Tel: 0141 287 6530
Fax: 0141 287 6592
Website: www.nsca.org.uk
United Kingdom Environmental Law Association (UKELA)
The United Kingdom Environmental Law Association (UKELA) represents solicitors and other advisers who are interested in environmental law. A client who wishes to obtain specialist legal advice in relation to an environmental issue may be able to contact a member of the association through its registered office. Contact details are:-
United Kingdom Environment Law Association (UKELA)
General Secretary
UKELA
Honeycroft House
Pangbourne Road
Upper Basildon
Berkshire
RG8 8LP
Tel: 01491 671184
Fax: 01491 671631
E-mail: cbth_ukela@yahoo.co.uk
Website: www.ukela.org
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