What is a ‘statutory nuisance’?
In considering what is and what is not a nuisance, you should bear in mind what the relevant Act refers to what the law means by 'nuisance'.
The Act covers the following situations:
- 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.
- Dust, steam, smell, or other effluvia arising on industrial, trade or business premises which are prejudicial to health or a nuisance.
- Accumulations or deposits which are prejudicial to health or a nuisance.
- Animals kept in such a place or manner as to be prejudicial to health or a nuisance.
- Noise emitted from premises so as to be prejudicial to health or a nuisance.
- Noise emitted from or caused by a vehicle, machinery or equipment in a street which is prejudicial to health or a nuisance.
- Insects emanating from relevant industrial, trade or business premises so as to be prejudicial to health or a nuisance.
- Artificial light emitted from relevant premises so as to be prejudicial to health or a nuisance.
If you are affected by any of these sources of nuisance, you must consider if the problem is sufficient to be a nuisance in the eyes of the law.
A statutory nuisance is caused where there is 'unreasonable interference with your personal comfort or the enjoyment of your property'.
What is meant by 'unreasonable' is always a question of degree and can include factors such as:
- the time the incidents took place
- where they take place
- how long they last
- their intensity
- their characteristics
- what would normally be expected by a neighbour in the area that you live