Statutory Nuisance

The most frequent complaints we receive involve domestic noise such as music, raised voices and barking dogs; and smoke from bonfires.

Local authorities have a duty to inspect their areas to detect whether a statutory nuisance exists or is likely to occur or recur. This usually involves an initial investigation following any complaint of statutory nuisance from a local resident. Statutory nuisances are mainly defined in the Environmental Protection Act 1990 and include:

= smoke emitted from premises so as to be prejudicial to health or a nuisance

= fumes or gases emitted from premises (private dwellings only) so as to be prejudicial to health or a nuisance

= any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance

= any accumulation or deposit which is prejudicial to health or a nuisance

= any animal kept in such a place or manner as to be prejudicial to health or a nuisance

= noise emitted from premises so as to be prejudicial to health or a nuisance

= noise that is prejudicial to health or a nuisance and is emitted or caused by a vehicle, machinery or equipment in a street (but not traffic or exhaust noise)

= artificial light emitted from premises so as to be prejudicial to health or a nuisance

= insects from relevant industrial, trade or business premises and being prejudicial to health or a nuisance

= any pond, pool, ditch, gutter or watercourse which is so foul or in such a state as to be prejudicial to health or a nuisance

A statutory (or criminal) nuisance is something that is so offensive and so prolonged that it unreasonably, materially and significantly interferes with the use and enjoyment of a neighbouring property.  The judgement of nuisance may take time, especially if the occurrence is unpredictable or infrequent.

Following detailed investigation of a complaint a decision will be made as to whether, in our opinion, a nuisance exists or is likely to occur or recur.  It will usually be necessary for us to witness the nuisance but to assist in our investigation you may be asked to keep a written Nuisance Record of when, for how long, and how the nuisance affects you.  If we are satisfied that there is a nuisance, an abatement notice will be served on the person responsible for the nuisance (or on the owner or occupier of the premises if the person responsible cannot be identified or found). Failure to comply with an abatement notice may result in prosecution with a maximum fine of £5000 (or £20 000 for industrial, trade or business premises).

For more detailed information of our procedures relating to these statutory nuisances, please go to the relevant individual section. To see the text of Act click here: Environmental Protection Act 1990