Statutory Nuisance
The Environmental Protection Act (EPA) provides the basis for matters which may constitute a nuisance:
- Any premises in such a state as to be prejudicial to health or a nuisance.
- Smoke emitted from premises so as to be prejudicial to health or a nuisance.
- Fumes or gases emitted from premises so as to be prejudicial to health or a nuisance.
- Any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance.
- Any accumulation or deposit which is prejudicial to health or a nuisance.
- Any animal kept in such a place or manner as to be prejudicial to health or a nuisance.
- Noise emitted from premises so as to be prejudicial to health or a nuisance.
- Any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance.
- Artificial light emitted from premises so as to be prejudicial to health or a nuisance.
- Noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street.
The term ‘prejudicial to health or a nuisance’ is something more than mildly annoying and would need to either be injurious to health or likely to cause injury to health, or interfere with the normal use or enjoyment of property.
Local authorities have a general duty to inspect their areas for statutory nuisances from time to time and a specific duty to take such steps as are reasonably practicable to investigate allegations of statutory nuisance. Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, it has a duty to serve an abatement notice.
If a local authority decides that no statutory nuisance exists, an individual has the right to make their own complaint to the Magistrates’ Court under section 82 of the EPA subject to certain requirements.
Where an abatement notice is served, there is a right of appeal to the Magistrates Court within 21 days. There are numerous grounds upon which an appeal can be lodged including a defect in the notice, the time limit for compliance being unreasonable and an unreasonable refusal by the local authority to accept compliance with alternative requirements. When an appeal against an abatement notice is lodged at court the notice is normally, but not always, suspended.
Where any requirement of an abatement notice is ignored a local authority may
- Prosecute the person responsible for the contravention or non-compliance
- Issue proceedings in the High Court to secure the abatement, prohibition or restriction of the statutory nuisance
- Carry out whatever works or action is necessary to abate the statutory nuisance and recover its reasonable costs in so doing
We can advise you on all matters relating to statutory nuisance, whether you are the person affected or the recipient of an abatement notice or other formal proceedings.
Please call us on 01252 617119 to find out how we can assist you.