Pollution control - nuisance
Statutory nuisance
To be a statutory nuisance something must be either prejudicial
to health or a nuisance in common law terms. Nuisance can broadly
be defined as something that affects somebody's use and enjoyment
of their home and property.
Noise is the most frequently complained of nuisance issue. We can
deal with both domestic and commercial sources and have equipment
to both measure and record noise if necessary.
What things are classified as statutory nuisances?
Issues controlled using statutory nuisance law include:
- Noise
- Premises
- Smoke
- Fumes and gases (applies to domestic premises only)
- Dust, steam and smells etc (commercial premises only)
- Accumulations
- Animals
- Light (from badly adjusted floodlights, for example)
- Insects (from relevant industrial, trade or business
premises)
What things are not classified as statutory nuisances?
Nuisance is a very property based issue so that for example, an
issue that disturbed you whilst walking on a public footpath could
not be a statutory nuisance to you.
Other issues that are not classified as statutory nuisances
include:-
- Aircraft noise
- Domestic odours (such as 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.
Talking over problems first
In the first instance, if it is possible, it is better for
people to talk to the source of a problem. They may not know they
are causing a nuisance and a reasonable approach can often get a
reasonable response. We investigate all reports of nuisance and
often find that a discussion with everybody involved or
notification from us to the alleged source is enough to solve the
problem.
Where issues are not quite so easily resolved, we will try and
witness what is being complained about so that a professional
judgment can be made about whether the problem fits within the
terms of statutory nuisance legislation.
Complaints are confidential although we cannot prevent the
source from making guesses about the identity of the
complainant.
If a statutory nuisance is established
If a statutory nuisance is established, an abatement notice is
served on whoever is responsible. Breach of an abatement notice is
a criminal offence and can result in prosecution in the Magistrates
Court. There are other sanctions available in certain cases, for
example in cases of domestic noise nuisance, it is possible to
obtain a warrant from the Magistrates and seize noise-making
equipment.
The legalities of Statutory Nuisance
What is a Statutory Nuisance?
In simple terms, the definition of nuisance is any interference
with a person's use or enjoyment of their land and someone
suffering a nuisance is entitled to bring their case to a court of
law. The term nuisance refers to a wide variety of circumstances
and as a result, the courts must consider for each case, whether
the complaint is reasonable.
While a private nuisance can refer to almost any situation, a
statutory nuisance is one which has been expressly defined by the
Environmental Protection Act 1990 (EPA 1990). Those matters
included in the Act (with certain exemptions) are listed below.
- Premises – defined to mean the premises as a whole and can also
mean land
- Smoke, fumes and gas
- Dust, steam and smells
- Accumulation and deposits
- Animals
- Noise – including noise from vehicles in the street, but not
traffic noise.
- Insects
- Artificial light
Unlike private nuisance, statutory nuisances can be dealt with
by a local authority on behalf of an individual. The EPA 1990
places a duty on all local authorities to inspect their districts
for statutory nuisance and more importantly, if an individual
complains of statutory nuisance, the Council is obliged to
investigate where reasonably practicable.
As seen above, the EPA 1990 is very specific about what
does and does not constitute a statutory nuisance. Common
complaints not included under the EPA 1990 (and therefore not able
to be dealt with by the Council) are traffic noise, people talking
or shouting in the street and untidy verges.
The council receives many complaints of nuisance each year and
it is the responsibility of the investigating officer to determine
whether the complaint is justified. What may be a nuisance to you,
may not be a nuisance to someone else as a third party. The Council
is able to act in an unbiased manner to determine whether the
complaint constitutes a statutory nuisance.
To be actionable, the nuisance must be substantial and
unreasonable. However, numerous factors are taken into account when
determining a nuisance and they will obviously vary from case to
case, but the common factors considered by the Council and the
courts are as follows:
Locality
The general locality will often determine whether a nuisance
exists. For example, if you live adjacent to an industrial park, it
would be reasonable to expect some noise from traffic movements,
plant and machinery. Similarly, if you live in an agricultural
area, certain odours should also be expected.
Scale of the activity
Where the activity is inherently unreasonable a statutory
nuisance is likely to exist. For example, creating noise from
cutting bricks in a residential area in the middle of the night is
likely to constitute statutory nuisance. As will allowing a loud,
externally positioned house alarm to ring continuously so as to
prevent people from sleeping nearby. A very loud noise such as a
live band in a marquee or a very sickening odour such as manure
spreading, affecting several households in an intense manner, may
also constitute statutory nuisance.
Duration and frequency
In general, for a nuisance to exist the activity causing the
nuisance is unlikely to be temporary. An example of this may be
construction and demolition sites which, although they generate
significant noise and dust, rarely last long enough to cause a
statutory nuisance. Other examples include one-off parties,
occasional barbecues and a baby crying.
The time the nuisance occurs
A nuisance that occurs at midnight might not be one at midday
for example lawn mowing, vacuuming etc.
Sensitivity
The test for assessing sensitivity has two elements. Not only
must the person causing the nuisance be acting
unreasonably, for example having regular band practice
late at night in a terraced house, but the person complaining of
the nuisance must also be acting reasonably.
For example, a shift worker trying to sleep during the day and
complaining of general daytime noise, such as a washing machine
from a neighbouring property, is not making unreasonable use of the
property. Case law requires local authorities to act as the
"standard person" when reaching the decision (so they cannot take
into account those who have a different or higher expectation
of peace for example shift workers or those who are
studying or are ill).
Social acceptance
Certain activities such as bonfires and fireworks on Guy Fawkes
Night, the ringing of church bells etc may give rise to noise,
smoke etc but are often tolerated and accepted by the community as
they are part of a traditional celebration. Reasonably practicable
steps will be taken to investigate complaints.In cases where the
council has been unable to substantiate a statutory nuisance, then
you will be advised of this and the investigation will be brought
to an end. You may also be