Statutory nuisance
Legislation:
- Environmental Protection Act 1990
Statutory Nuisances are specific nuisances that have been listed within section 79 of the Environmental Protection Act 1990.
Statutory Nuisances defined in the Act include:
- noise from premises or from vehicles, equipment or machinery in a street
- smoke from premises
- odours from industry, trade or business premises (for example, sewage treatment works, factories or restaurants)
- artificial light from premises
- insect infestations from industrial, trade or business premises
- accumulation or deposits on premises (for example, piles of rotting rubbish)
For the issue to count as a statutory nuisance it must do one of the following:
- unreasonably and substantially interfere with the use or enjoyment of a home or other premises
- injure health or be likely to injure health
If an investigation determines that the volume of noise, smoke or odour is unreasonable then the Council is able to require works or take action to abate the problem. If the problem persists then this could result in various sanctions against the premises and its owners including prosecution.