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Freedom of Information Request

FOI Request relating to environmental regulations

Received: 20 September 2019

This request is made with a view to establishing Barnet Council's position in relation to EPA 1990. Specifically, it relates to the complaint about nuisance (Barnet ref no 101000736382) which concluded that the law was unclear and that it was therefore not possible to establish whether nuisance exists. The request seeks to establish whether Barnet Council and its Environmental Health Department acknowledges what this Act states (namely that smoke can constitute nuisance to domestic dwellings) and how Barnet Council applies EPA 1990 when it examines nuisance that arises from smoke emitted from boiler fumes. The Chief Executive's office stated that there was no requirement of Barnet Council to provide answers to questions on its stance on the matter, hence the FOI is used to ascertain Barnet's position.

According to Barnet Council, boiler installations that are carried out by Gas Safe registered fitters through the approved competent person scheme are not investigated by Barnet Council because Barnet relies upon Gas Safe to ensure that both safety and nuisance are complied with. Gas Safe is therefore, according to Barnet Council, responsible to rectify any identified shortfall (see reply from Chris Lloyd dated 15 June 2018 to the Information request Barnet Council reference: 4278396).

Gas Safe, in turn, claims that their role is merely in relation to safety matters and that issues relating to nuisance are within the realms of Local Authorities in accordance with the EPA 1990.

Questions to which answers are requested are highlighted in red and put in context so it is clear what they mean and what information is sought. SEE ATTACHMENT DUE TO LENGTH

Outcome / Documents

  • FOI REQUEST - application/vnd.openxmlformats-officedocument.wordprocessingml.document - Download

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