Statutory nuisance

Statutory nuisance

The Pollution Team powers to deal with 'statutory nuisance' that comes under the following categories:

• Accumulations of rubbish/deposits  
• Dust/Steam/Smell
• Fumes/Gases 
• Noise emitted from a vehicle, machinery or equipment in the street 
• Noise from a premises (including DIY and construction sites)
• Smoke      

A statutory nuisance is where the offending nuisance (e.g. noise) interferes with a persons right to use or enjoy their property and, when the following can be proven:

1. Nuisance arises from a premises
2. Nuisance crosses a boundary and enters into another premises
3. The nuisance is so significant that it materially interferes with the use of the effected premises (e.g. sleeping in a bedroom)
4. The nuisance must be unreasonable to the ‘average person’           

Factors that are taken into account include:

• Duration 
• Frequency 
• Loudness
• Reasonableness
• Sensitivity of complainant (medical conditions that heighten sensitivity cannot be taken into account)
• Time of day
• Type of area