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:
- Nuisance arises from a premises
- Nuisance crosses a boundary and enters into another premises
- The nuisance is so significant that it materially interferes with the use of the effected premises (e.g. sleeping in a bedroom)
- 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
