Statutory Nuisances

Unfortunately there is no simple definition of "Statutory Nuisance". In general terms Statutory Nuisances are described in various Acts of Parliament, but the word "nuisance" in this legal context does not have the same meaning as in everyday language. It is generally accepted that a "nuisance" is something which materially interferes with land, or causes a substantial interference with the use or enjoyment of land.

 

How did the concept of Statutory Nuisance come about? >>

How does the Council decide a nuisance is being caused? >>

When will the Council take formal action? >>

What Statutory Nuisances are defined in law? >>

What does Prejudicial to Health mean? >>

Can the Council ever take direct action to abate a nuisance? >>

 

Contact Us:

Telephone: (023) 9244 6670

Email: mailto:ehenvironment@havant.gov.uk

Visit: Civic Offices, Civic Centre Road, Havant PO9 2AX

 

The History of Nuisance Law

The idea of Statutory Nuisance was developed in the 19th century as a means of dealing quickly and efficiently with unpleasant and often unhealthy conditions which arose largely as a result of the rapid growth of our towns and cities. Additional categories of Statutory Nuisance (eg noise) have been introduced by more recent law, and for a fuller understanding of the idea it is necessary to look at court decisions (known as "case law") over many years which have set legal precedents.
 

How we decide if we think a Statutory Nusiance is being caused

Staff in the Council's Environmental Health Environment Team rely on their training and experience in deciding whether a Statutory Nuisance exists or is likely to occur. This decision, amongst many other factors is based on the nature, severity, frequency and duration of the nuisance. The authorised inspector's opinion is occasionally supplemented by evidence from residents and other people affected by the nuisance as well as technical measurements or physical evidence where appropriate. In order to ensure consistency authorised inspectors follow procedures for investigating statutory nuisances.Many factors need to be taken into account, and the special circumstances of each case must be carefully considered. Some issues are very important to this decision:-

When we will take formal action

Environmental Health are unable to take formal legal action purely on the basis of complaints received and in most circumstances it will be necessary for an officer to witness a Statutory Nuisance before being able to deal with it. It may also be necessary to take measurements and to carry out monitoring.
 
In order to make efficient use of staff time a maximum of three visits will be made at appropriate times in order to investigate a possible Statutory Nuisance, or in appropriate cases noise monitoring/recording equipment may be installed at a complainant's home. Where an officer is unable to witness a nuisance or is of the opinion that it does not amount to a Statutory Nuisance, an individual still has the right to make to make a complaint direct to a magistrate's court under Section 82 of the Environmental Protection Act 1990.
Statutory nuisance is a criminal offence and is the statue version of the common law tort of nuisance. As a criminal matter, all statutory nuisance investigations are required to be carried out with good evidence collecting procedures, normally in accordance with the procedures under the Police and Criminal Evidence Act 1984. By their nature statutory nuisances are serious ones that tend to affect a community and therefore need to be dealt with by the council for the benefit of the community.
 
Where a statutory nuisance is proven the council are obliged to serve an abatement notice requiring the abatement (stopping) of the nuisance. Failure to comply with such a notice can lead to fines of up to £20,000 per incident of non compliance.
 

Legally defined Statutory Nuisances

Statutory nuisance is defined under section 79 of the Environmental Protection Act 1990 (as amended by subsequent legislation) and is limited to those nuisances listed below:
a) any premises in such a state as to be prejudicial to health or a nuisance;
b) smoke emitted from premises so as to be prejudicial to health or a nuisance;
c) fumes or gases emitted from premises so as to be
prejudicial to health or a nuisance;
d) any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;
e) any accumulation or deposit which is prejudicial to health or a nuisance;
f) any animal kept in such a place or manner as to be
prejudicial to health or a nuisance;

(fa) any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance;

(fb) artificial light emitted from premises so as to be prejudicial

to health or a nuisance;
g) noise emitted from premises so as to be prejudicial to health or a nuisance;
h) any other matter declared by any enactment to be a
statutory nuisance;these include:

  1. any well, tank, cistern or water butt used for the supply of water for domestic purposes which is so placed, constructed or kept in a way that makes the water liable to contamination and prejudicial to health (Public Health Act 1936 section 141)
  2. any pond, pool, ditch, gutter or watercourse which is so foul or in such a state that it is prejudicial to health or a nuisance (Public Health Act1936 section 259(1)(a))
  3. any part of a watercourse, which is not ordinarily navigated by vessels used to carry goods by water, which is so choked or silted up that it obstructs or prevents the proper flow of water and as a result causes a nuisance or creates conditions which are prejudicial to health (Public Health Act1936 section. 259(1)(b))
  4. a tent, van, shed or similar structure used for human habitation which is in such a state, or so overcrowded, as to be harmful to the health of the people living in it, or the use of which, because of the absence of proper sanitary accommodation, or otherwise, can create whether on the site or on other land, a nuisance or to conditions which are prejudicial to health (Public Health Act1936 section 268(2))
  5. a shaft or outlet of  an abandoned or disused mine where: it is not properly secured in order to prevent people accidentally entering the outlet; or because it is accessible from a road or public place it constitutes a danger to the public (Mines and Quarries Act 1954 section. 151)
  6. a quarry that does not have an efficient and properly maintained barrier designed and built to prevent people from accidentally falling into it and because it is accessible from a road or public place, amounts to a danger to the public (Mines and Quarries Act  1954 section 151)

All other nuisances fall within the civil law tort of nuisance and are not normally dealt with by the council.

 

Prejudicial to Health

Part of statutory nuisance law deals with issues that are prejudicial to human health. In such circumstances statutory nuisance law empowers the council (and its officers) to take immediate action to deal with a nuisance that is prejudicial to health. Legal precedents have established the principle that "prejudicial to health" must mean that which is "likely to cause disease", and clearly this is not the same as that which perhaps most of us would regard as unhealthy.

 

The major limitation of statutory nuisance is that it is normally based on 'premises'. To be an statutory nuisance one of the 'nuisances' (a-g above) has to be in one premises and affect persons in another premises; hence a statutory nuisance normally has to affect you in your home. The one exception is that noise from stationary vehicles and machinery in the street can now, to some extent at least, be controlled.

 

Works In Default

The legislation also enables the council to take action to abate (stop) the nuisance, where it deems this necessary. Typically this can be done by using a range of powers available to the council. For example, an inspector might legally seize a stereo system - preventing its continued use, or call in an engineer to turn off a malfunctioning alarm. In almost all cases, the person responsible for the nuisance has to pay any bills for the work carried out.

 

Contact Us:

Telephone: (023) 9244 6670

Email: mailto:ehenvironment@havant.gov.uk

Visit: Civic Offices, Civic Centre Road, Havant PO9 2AX

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Havant Borough Council, Civic Centre Road, Havant, Hampshire PO9 2AX