Nuisances

Statutory nuisance statutory nuisanceIf you are facing proceedings in relation to noise, smoke, light or other emissions, then we may be able to assist.  Our solicitors have a wealth of experience in dealing with this type of work and are particularly experienced in the area of statutory nuisance.

What is a  nuisance ?

We are often asked the quiestion “what is a nuisance ?” and the answer is not straightforward, although it is sometimes summararised as something that causes unreasonable disturbance to your use of your property or ill-health. The law of nuisance is very complex and based on hundreds of years of cases that have been considered by the Courts.  Over time, the the concept of ”public nuisances”, “private nuisances” and “statutory nuisances” has developed.  Each has its own particular characteristics.   Some of the factors that are taken into consideration when deciding if something is a nuisnace in any legal proceedings include how long the problem has been going on for, how much it interferes with normal everyday life and whether the problem is intended to cause annoyance.

There is a slight difference between a general ‘nuisance’ and a statutory nuisance. The Environmental Protection Act 1990 specifies statutory nuisances as ;

  • premises in such a state as to be prejudicial to health or a nuisance;
  • smoke emitted from premises so as to be prejudicial to health or a nuisance;
  • fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;
  • dust, steam, smell or other effluvia coming from an industrial trade or business premises which is prejudicial to health or a nuisance;
  • accumulations or deposits which are prejudicial to health or a nuisance;
  • animals kept in a place or way that they are prejudicial to health or a nuisance;
  • noise emitted from premises, vehicle, machinery or equipment that is prejudicial to health or a nuisance;
  • light emitted from premises so as to be prejudicial to health or a nuisance

 If you have been served with an abatement notice under the Environmental Protection Act, or are facing some other form of enforcement action, we can represent you and try to achieve the best result for you by either appealing or advising on compliance.