Nuisance

  • The investigation and enforcement of nuisance laws under the Environmental Protection Act 1990.
  • To be a legal nuisance there needs to be evidence of something being a nuisance or prejudicial to health (or likely to be).
  • There is no set definition of the term “nuisance” but it is something that causes serious interference in the use and enjoyment of a person’s property. It is more than just an annoyance or something that is present.
  • The specific sensitivities of the person affected cannot be taken into account in deciding whether a matter is a statutory nuisance. 

Examples of a legal nuisance

  • The state of a building
  • Smoke/fumes and gases coming from a building
  • Smell/dust/steam from industrial, trade or business premises. 
  • Large amounts of waste building up. For example, large amounts of rubbish with food waste inside.
  • Animals kept in a building.
  • Insects from any industrial, trade or business premises.
  • Artificial light from premises.
  • Noise coming from a building or caused by a vehicle, machinery or equipment in a street.

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