- The investigation and enforcement of statutory nuisance legislation under the Environmental Protection Act 1990.
- To be a statutory 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 premises.
- Smoke/fumes and gases coming from a premises.
- 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 such a place or manner.
- Insects from any industrial, trade or business premises.
- Artificial light from premises.
- Noise coming from a premise or caused by a vehicle, machinery or equipment in a street.