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.