The law relating to ‘Nuisance’ enables action to be taken against someone acting in a manner adversely affecting another person’s property.

Civil proceedings for ‘private nuisance’ may be taken in the High Court or County Court.

A ‘statutory nuisance’ is one specifically listed within the Environmental Protection Act 1990 (‘the Act’) which provides for local authorities to act, frequently following complaints which they receive, or for individuals to seek redress directly without involving the local authority.

Councils must investigate complaints about issues that could amount to statutory nuisance and if a council agrees that a statutory nuisance exists, it must serve an Abatement Notice on the person responsible for that nuisance.

John Veale of Kangs Solicitors considers matters which constitute a statutory nuisance and the duty of a local authority to resolve the issue.

If you are subjected to any investigation or enforcement action by the Environment Agency or local authority or anticipate such action being taken, or you are suffering as the result of any nuisance, whether private or statutory, it is essential that you seek expert legal guidance immediately. 

The criminal defence and civil enforcement teams at Kangs Solicitors offer vast experience in handling investigations of all types including those involving the Environment Agency.

Members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.

For an initial no obligation discussion, please call our team at any of our offices detailed below:

Statutory Nuisance | Kangs Regulatory Team

Section 79 of the Act states that the following matters constitute a statutory nuisance:

  • any premises in such a state as to be prejudicial to health or a nuisance,
  • smoke, soot, grit or ash 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, including vibration, 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 e.g. any shed or similar structure used for human habitation giving rise to conditions prejudicial to health.

There are exceptions to the above for certain premises and circumstances including military/Crown establishments or light emitted from airports or aircraft noise. Land in a contaminated state is dealt with by different part of the Act.

The Local Authority’s Duty | Kangs Statutory Nuisance Solicitors

Section 79 of the Act also states that:

  • it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under section 80 of the Act (by abatement notice or summary court procedure),
  • where a complaint of a statutory nuisance is made to it by a person living within its area, such steps as are reasonably practicable to investigate the complaint must be taken.

How Can We Assist? | Kangs Environment Agency Solicitors

If you are approached by the Environment Agency or local authority in relation to any alleged statutory nuisance, or if you are subjected to any form of common law or statutory nuisance in respect of which you seek relief, the criminal defence and civil enforcement teams at Kangs Solicitors are here to assist you.

Please do not hesitate to contact our teams through any of the following:

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

John Veale
jveale@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521210