Statutory Nuisance Assessments & Advice

Statutory Nuisance Assessments 1 The Law of Nuisance is complex, with Case Law dating back to the late 19th Century. Several Acts of Parliament have made certain types of nuisance “Statutory Nuisances” and the law of Statutory Nuisance is currently laid down in the Environmental Protection Act 1990. Under Part III of the Act certain matters are declared to be ‘statutory nuisances’, the perpetrators of which can be subject to criminal sanctions. They include the following:
  • 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 other 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 [or in Scotland, road].
  • any other matter declared by any enactment to be a statutory nuisance

Being subject to a statutory nuisance can be intolerable and extremely stressful; being the subject of an Abatement Notice when you do not believe there is, or likely to be, a statutory nuisance can be just as intolerable.

As qualified Environmental Health Practitioners we undertake Statutory Nuisance Assessments to determine the existence or likely existence of a statutory nuisance. Our consultants are fully experienced in all areas of nuisance law and provide the following services to clients:
  • Detailed Statutory Nuisance Assessments
  • Assistance with appeals against Statutory Nuisance Abatement Notices
  • Assisting clients to obtain Abatement Orders
  • Liaison with Enforcement Authorities, Solicitors and Mediators
  • Expert Evidence & Reports
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