feedback from policy and law

Environmental protection act (part 3) 1990 is a key statute in the fight against parties that are causing a nuisance to others.

Nuisance is a common law tort.It means that which gives offence or causes annoyance , trouble or injury.

a full list can be viewed on Statutory Nuisances summarized as

• The physical state of premises(can include land)
• Smoke, fumes or gases emitted from premises or from vehicle, machinery or equipment in the street
• Dust, steam, smell etc on industrial, trade or business premises
• Any accumulation or deposit which is prejudicial to health or a nuisance(rubbish)
• Noise coming from premises, or from a vehicle, machinery,or equipment in a street
• Any other matter declared by statute to be a nuisance

Responsibility for dealing with statutory nuisance is with the Environmental Health Officer of,

• District Councils
• London Borough Councils
• Unitary Authorities

When a statutory nuisance occurs it is important to note

• The nature and location of the nuisance
• The time and duration
• The utility of the activity concerned

A civil standard of proof is required, i.e"More lightly than not" or "On the balance of probability"