Nuisance Proceedings

Our team have been involved in both the defence and prosecution of nuisances under the environmental protection legislation and under the general law of 'tort'.

The law of nuisance is very complex and based on hundreds of years of cases that have been considered by the Courts. Many nuisances are now dealt with by way of a piece of legislation called the Environmental Protection Act 1990, which permits local authorities and private individuals to take action. It is also possible to take action through the County and High Courts, to seek an injunction or compensation, although the procedure is not quite as streamlined.

Some of the factors that are taken into consideration 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.

In respect to noise, of particular interest at the moment is the introduction of a night-time noise limit for licensed premises. Enforcement officers have the power to issue fixed penalty notices in addition to their other powers if it is shown that the level is exceeded after 11pm.

Members of our team have dealt with a wide range of problems, including noise from factories, barking dogs, noise and smell from adjacent properties, aircraft, cockerels, flies from stables and cattle sheds as well as pollution of streams and light from security systems.