Statutory Nuisances
Unfortunately there is no simple definition of "Statutory
Nuisance". In general terms Statutory Nuisances are described in
various Acts of Parliaments, but the word "Nuisance" in this legal
context does not have the same meaning as in everyday language. It
is generally accepted that a "nuisance" is something which
materially interferes with land, or causes a substantial
interference with the use or enjoyment of land.
If you are affected by smoke, smell or noise nuisance from
neighbours or nearby industry, the City Council can take action -
or you can take action yourself - under the Environmental
Protection Act 1990 (EPA). The problems that can be dealt with as
"statutory nuisances" under this Act include:
- smoke, fumes or gases from any premises
- dust, steam or smells from business premises
- accumulations or deposits
- noise or vibration
- insects or rodents
- artificial light
To constitute a statutory nuisance they must present a health
risk or a nuisance. The EPA also defines some of these words and
gives some limited exceptions. Generally speaking if something is
unreasonable to an average person, a court might decide that it is
a nuisance. Typical examples include, dust from a building site,
smoke caused by a neighbour regularly burning rubbish or
unreasonable noise from a barking dog.
What is not a statutory nuisance?
Other issues that are not classified as statutory nuisances
include:-
- Aircraft noise
- Domestic odours (like cooking smells)
- Normal road noise.
In such cases, whilst we will not be able to take formal action
we may be able to give you advice or suggest your best course of
action.