We can investigate certain types of nuisance under Section 79 of the Environmental Protection Act 1990. To qualify as a statutory nuisance, the issue must be harmful to health or cause a serious disturbance.
This includes things that:
- injure health or are likely to injure health
- unreasonably and substantially interfere with someone’s use or enjoyment of their home or premises
How we assess a nuisance
We will investigate your complaint and check whether it falls within the powers available to us.
We will need to understand how the nuisance is specifically affecting you. We will collect evidence to decide if the issue meets the legal definition of a statutory nuisance.
We do not consider personal opinions or individual sensitivities. The issue must affect the average person.
Damage to property is not included.
What happens if we find a statutory nuisance
If we find that a statutory nuisance exists, or is likely to happen again, we will serve an Abatement Notice to the person or organisation responsible.
This notice may require them to:
- stop the activity
- limit it to certain times
- carry out improvement works within a set time
The activity may not need to stop completely, but the impact must be reduced to a reasonable level.
A list of Statutory Nuisance Abatement Notices served under Section 80 of the Environmental Protection Act 1990 are available at the Council.
Appealing an Abatement Notice
You can appeal an Abatement Notice at a Magistrates’ Court within 21 days of receiving it.