Statutory Nuisance

A statutory nuisance is a defined category of nuisance which local authorities have specific statutory powers and duties to deal with, set out in Part III of the Environmental Protection Act 1990. Section 79 of the Act lists the matters which constitute a statutory nuisance, including any premises in such a state as to be prejudicial to health or a nuisance, smoke, fumes or gases emitted from premises, dust, steam, smell or other effluvia from industrial, trade or business premises, accumulations or deposits, and noise emitted from premises so as to be prejudicial to health or a nuisance. Local authorities are under a duty to inspect their area from time to time to detect statutory nuisances and must investigate complaints made by people living within their area.

For an issue to count as a statutory nuisance it must either unreasonably and substantially interfere with the use or enjoyment of a home or other premises, or injure health or be likely to injure health. Common examples dealt with by councils include noise from premises, vehicles, equipment or machinery in the street; smoke; smells from industrial, trade or business premises such as sewage works or restaurants; artificial light; insect infestations from trade premises; and accumulations such as piles of rotting rubbish.

Where a council agrees that a statutory nuisance is happening, has happened, or will happen in future, it must serve an abatement notice, usually on the person responsible, requiring the activity to stop or be limited. Failure to comply with an abatement notice without reasonable excuse is a criminal offence, and a person who does not comply can be prosecuted and fined, including further fines for each day the failure continues; councils can also carry out works themselves and recover the cost. Anyone served with an abatement notice can appeal to a magistrates' court within 21 days of receiving it, on grounds including that the legal tests for a statutory nuisance were not met or that the notice was defective.