General Nuisance Legislation and Procedure
Environmental Health teams look at Statutory nuisance, which is defined in legislation under s.79(1) of the Environmental Protection Act (EPA) 1990. The categories are:
1. any premises in such a state as to be prejudicial to health or a nuisance;
2. smoke emitted from premises so as to be prejudicial to health or a nuisance;
3. fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;
4. any dust, steam, smell or other effluvia arising from an industrial, trade or business premises and being prejudicial to health or a nuisance;
5. any accumulation or deposit which is prejudicial to health or a nuisance;
6. any animal kept in such a place or manner as to be prejudicial to health or a nuisance;
6.1 any insects emanating from relevant industries, trade or business premises and being prejudicial to health or a nuisance (exemptions apply);
6.2 artificial light emitted from premises so as to be prejudicial to health or a nuisance (exemptions apply);
7. noise emitted from premises so as to be prejudicial to health or a nuisance;
7.1 noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment on the street.
8. any other matter declared by any enactment to be a statutory nuisance;
Many of these have specific interpretations / definitions / exemptions in law and are guided by current case law. When a complaint is received, in order for an investigation to be undertaken, the issue of concern must fit a category. The officer will then need to ascertain its frequency, duration and severity so that a nuisance can be established. However the officer will request information from the complainant to ensure evidence is available that the issue is ongoing from the time of our intervention.
If an abatement notice is to be served it is likely that the officer will wish to observe the nuisance for themselves. On occasions where one-off, particularly intrusive nuisances occur and there is a likelihood of a recurrence, a Likely to Re-occur notice may be served on the alleged perpetrator.
Where a complaint is against a commercial premises the legislation allows for a 'best practicable means' defence. This takes into account cost, the ability to obtain appropriate abatement technologies and the practical installation, maintenance and use of this equipment. There will be occasions when a nuisance cannot be observed due to the sporadic nature, or other difficulties. Complainants have the ability to use s.82 under EPA or use the civil courts to seek recompense.
Information regarding this, and other matters relating to dust, odour and accumulation, can be found in the leaflet available in the downloads section on the right as can information on smoke from bonfires.
Further information is available if you are suffering from noise and noise related complaints
Further information is available on issues with smoke from bonfires.
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Downloads
Odour and Dust Advice Leaflet (658kb)- Bonfires Leaflet (159kb)
