Statutory Nuisance

Statutory Nuisance

What is a Statutory Nuisance?

The Environmental Protection Act 1990 states certain matters to be ‘statutory nuisances’. These include:

·         Noise emitted from premises so as to be prejudicial to health or a nuisance.

·         Smoke, fumes or gases emitted from premises so as to be prejudicial to health or a nuisance.

·         Premises in such a state so as to be prejudicial to health or a nuisance.

·         Accumulations of refuse or excrement which are 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 that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street.

·         Dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance.

·         Insects emanating from industrial, trade or business premises and being prejudicial to health or a nuisance.

·         Artificial light emitted from premises so as to be prejudicial to health or a nuisance.

A ‘nuisance’ is an unreasonable and unlawful interference with a person’s use and enjoyment of their property. A person can suffer a nuisance either in their home or garden. In the context of statutory nuisance, ‘prejudicial to health’ is a threat to health from disease, vermin and the like, and not physical injury.

For a matter to qualify as a nuisance it must be intolerable, not merely irritating or annoying. One-off events are rarely sufficient. Also, specific sensitivities of those complaining cannot be taken account of in deciding whether a matter is a nuisance.