Nuisance

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What is a Statutory Nuisance?

Although there is no legal definition of a statutory nuisance. For action to be taken the nuisance complained of must, or be likely to be, prejudicial to people's health or interfere with a person's legitimate use and enjoyment of land. This particularly applies to nuisance to neighbours in their homes and gardens.

 

A statutory nuisance could arise from the poor state of your premises or any noise, smoke, fumes, gases, dust, steam, smell, effluvia, the keeping of animals, deposits and accumulations of refuse and/or other material, pests and artificial lighting.

How would I know if a nuisance exists?

You, or your local Environmental Health Officer, may have received complaints. Not all complaints amount to a statutory nuisance. The Officer is trained to judge if a statutory nuisance exists, if he/she assesses that a statutory nuisance exists or is likely to occur, the local authority is duty bound to serve an Abatement Notice, this notice can:

• require you to abate the nuisance ( i.e. to lessen or reduce the nuisance)
• prohibit or restrict the nuisance
• require you to carry out works or other steps to abate, restrict or remove the nuisance.
  

Enforcement may not always come through the statutory/regulatory bodies, individuals can also take legal action against you and/or your business under the same legislation.

 

Always discuss statutory nuisance issues with your local authority Environmental Health Officer and remember that an abatement notice is a legal notice and non-compliance could expose you to the risk of prosecution.  If you believe an abatement notice has been incorrectly or improperly served, you can appeal.  Information on appeal procedures should accompany the notice.

What else could I do to avoid creating a Statutory Nuisance?

• establish whether your business might cause a nuisance to neighbours by checking noise, odours and other emissions near the boundary of your site during different operating conditions and at different times of the day. Take all reasonable steps to prevent or minimise a nuisance or a potential nuisance
   
• even if a complaint does not amount to a statutory nuisance you should consider if there are simple practical things that you can do to keep the peace
   
• try to establish a good relationship with your neighbours, particularly in relation to transient effects likely to affect them.  Advise neighbours in advance if you believe that a particular operation, such as building work or an installation process for new plant, could cause an adverse effect. If neighbours are kept informed they will perceive the business as more considerate and are less likely to make a complaint 
   
• make sure there is a good level of 'housekeeping' on your site and that your site manager and staff are aware of the need to avoid nuisances. Regularly check your site for any waste, accumulations, evidence of vermin, noise or smell as applicable
   
• avoid or minimise noisy activities, especially at night; pay particular attention to traffic movements, reversing sirens, deliveries, external public address systems and radios
   
• where practical, schedule or restrict noisy activities to the normal working day (for example 0800 to 1800, Monday to Friday and 0800 to 1300 on Saturday)
   
• consider where noisy operations are undertaken in relation to site boundaries and relocate them if you can, perhaps further away, or make use of existing buildings/stockpiles/topography as noise barriers. Use good practice to minimise noise escaping from your buildings by for example, keeping doors and windows closed
     
• reduce noise levels outside your buildings by increasing insulation to the building fabric and keeping doors and windows closed
   
• ensure that any burglar alarms on your premises have a maintenance contract and a call out agreement
   
• consider replacing any noisy equipment and take account of noise emissions when buying new or replacement equipment.  Maintain fans and refrigeration equipment
   
• do not have any bonfires; find other ways to re-use or recover wastes (see the Clean Air and Waste Management Guidelines)
   
• keep abatement equipment, such as filters and cyclones in good working order
   
• ensure boilers, especially oil or solid fuel units, are operating efficiently and do not emit dark smoke during start up. (See the Clean Air Guideline)
   

If your business is regulated under PPC, IPC, LAPC or LAPPC, your authorisation/permit may have conditions that relate to some emissions that could be a statutory nuisance. Enforcement action will usually be taken under those regimes for most types of statutory nuisance. 

 

However, your business could still face statutory nuisance action under Pt III EPA '90/Pollution Control where the nuisance is not covered by a condition of the authorisation/permit .

What is the legislation behind these requirements?

Part III of the Environmental Protection Act 1990 (as amended) contains the main legislation relating to statutory nuisance. It applies in England, Wales and Scotland and is enforced by the local authorities.