Untidy land or garden

If rubbish builds up in a neighbouring garden, or on nearby land, it could cause a problem that affects you.

Issues could be caused by:

  • overflowing wheelie bins, or a build up of rubbish sacks and other waste
  • rotting food and other materials, or a badly managed compost heap

This could cause a smell, and attract pests, such as rats, mice, flies and maggots, birds, foxes and other animals. Pests can spread diseases that are harmful to health. 

Wheelie bins that have been overfilled can cause an obstruction, or allow waste to blow away causing a litter problem.


What you can do

If the build up of waste on a neighbour's garden or land is causing you problems, try talking to them about it. They may be able to solve the issue without the need for formal action - see our advice on how to solve a problem with your neighbour.

Find out what to do if the problem is being caused by:


We have no legal powers to deal with private gardens that are overgrown 

This includes unmaintained lawns, brambles, roots and branches - even if they are growing onto your property. It is advisable to speak or write to your neighbour about the problem. Citizens Advice has some useful information on what you can do, or you could contact your insurance company, your landlord, or your neighbour's landlord if talking to your neighbour hasn't helped. 

Is the problem at a council house? Let our housing team know at housingmanagement@chesterfield.gov.uk or call 01246 345071.


Reporting a build up of waste on a garden or land, or overflowing wheelie bins

We investigate problems that are causing a statutory nuisance or health risk.*

We need to know:

  • what the problem is and how long it has been going on
  • how it is affecting you - such as not being able to enjoy your garden, having to close your windows, attracting pests
  • your name and address - because we may need to visit your property

We won't share your details with the person or business that is causing the problem. But, in exceptional circumstances, your details may be quoted if your evidence is used in court.

Photos can help us with our enquiries - but don't take photos if you feel it isn't safe. 

* If the issue isn't causing a statutory nuisance or health risk, we may still be able to order the owner to tidy it up under planning enforcement rules.

 

Protecting your privacy - find out how we keep your information safe.


What we can do

We will investigate to see if the build up of waste is causing a statutory nuisance or is likely to cause a health risk. 

We can talk to the owner or occupier of the property and explain what action they need to take. We will try and resolve the issue informally, but can take a more formal approach if necessary.


Notices and prosecution

If the problem doesn't improve we can serve a legal notice on the person responsible. If they don't take the action required in the notice we could take further legal action against them.

If they rent their property, they may be breaching their tenancy agreement. We will also check if the problem breaches planning rules.


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We deal with untidy land and garden problems under the Environmental Protection Act 1990.