Over recent years the council has been receiving an increasing number of
complaints from residents regarding noise and smoke from boats moored
along Regents Canal. The complaints primarily relate to
- smoke nuisance from wood burning
-
noise – generators and music
-
dumping of rubbish
The number of boaters in Islington has grown considerably and the
potential for nuisance year round has increased alongside it.
The council has the responsibility for enforcing the legislation covering
nuisance, noise and air quality using the provisions of the
Environmental Protection Act and the Clean Air Acts. The powers to
deal with smoke nuisance involve us serving notice and then
prosecuting for breach of that notice. For rubbish, there are
similar powers but also the ability to act in default. For noise, in
addition to prosecution, we have the power to seize equipment. The
Canal and River Trust also have a duty under the legalisation we use
so we have the option to serve on the occupier and / or the CRT.
Taking action is more difficult for canal boats as most have to move on
every 14 days. This can mean that any notices served become invalid
once they leave a locality or move across a borough boundary. For
this reason, we have been working with CRT in order to get them to
act in conjunction with us and use their own powers as landlord to
prevent boats that are non-compliant from mooring on the canal. In
conjunction with an increased use of enforcement, there was an
identified need for awareness raising to take place as many boaters
were unaware of the existing mooring rules, the action that can be
taken by the council and CRT and the health effects of exposure to
wood smoke and diesel emissions.
To assist with the awareness raising and enforcement, the council and
CRT bid for external funding to appoint an officer to work solely on
improving compliance along the canal. The officer came into post in
February and is funded for a year. Aside from this officer, we have
a small team of daytime staff and our out of hours anti-social
behaviour team who investigate complaints and undertake proactive
visits.
To support change, we have had CRT introduce new rules for the Islington
visitor moorings. Initially this was for a trial period but they are
proving a success so we want them introduced permanently here and
extended to all parts of the canal in Islington. The changes they
have made are to
- introduce a quiet zone
- limit stays to 7 days
- ban all fuel other than smokeless coal
- introduce a caretaker boater
- Provide signage including laminated signs on mooring rings
- Introduce a procedure for reporting incidents
We have also been encouraging them to introduce CCTV to assist in the
management of these and the general ASB issues occurring. This could
be linked to the council’s control room and monitored 24/7
however to date, they have not decided to install.
The council will ensure that enforcement is carried out when a nuisance
or a breach of the Clean Air Act is witnessed after a warning. The
process will be
- 1st nuisance witnessed – warning letter is sent to the boater. CRT
will provide their details and write to the boater to advise them of
their breach of condition.
-
2nd nuisance witnessed – notice served and CRT will also commence
their own enforcement action for breach of notice.
If CRT does not assist, notice will be served jointly on the boater and
them. Since November 2013 the council have issued warning letter and
served enforcement notices on 5 different boats. 2 boaters have been
spoken to and advised that their engines are too loud to be able to
moor at IVM.
In this area, complaints have reduced considerably. However there is evidence
of dispersal to the Muriel Street / York Way area which is now our
priority.