Statutory Nuisance
The matters currently covered by the term statutory nuisance are:
- any premises in such a state as to be prejudicial to health or a nuisance;
- smoke emitted from premises so as to be prejudicial to health or a nuisance;
- fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;
- any dust, steam, smell or effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance;
- any accumulation or deposit which is prejudicial to health or a nuisance;
- any animal kept in such a place or manner as to be prejudicial to health or a nuisance;
- any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance
- artificial light emitted from premises so as to be prejudicial to health or a nuisance
- noise emitted from premises so as to be prejudicial to health or a nuisance
- noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street
- any other matter declared by any enactment to be a statutory nuisance
For the matters listed in the 1990 Act to be a statutory nuisance, they must either be ‘prejudicial to health’ or a ‘nuisance’. The 1990 Act defines ‘prejudicial to health’ as meaning ‘injurious, or likely to cause injury, to health’. However, the Act does not provide a specific definition of what ‘nuisance’ is and in considering the term, there is a need to understand the common law principles of nuisance. There has been extensive consideration of the definition of statutory nuisance by the Courts over the years, which has helped shape our understanding of the term and the definition it is likely to continue to evolve as future cases come before the Courts.
The Council adopted a formal policy on statutory nuisance on the 30th March 2010 which was subject to a minor amendment on the 28th June 2011.
Statutory Nuisance Policy (40.54KB) ![]()
For further information on how we investigate statutory nuisance complaints, please see the relevant section of the website dealing with your issue:
Contact Details
Details of how to contact the team can be found on the Housing & Public Protection contact page.
