Nuisance

Allowing Cannock Chase Council to deal with nuisance complaints covered by statutory nuisance legislation.

What is a statutory nuisance?

To be a statutory nuisance something must be either prejudicial to health or a nuisance in common law terms. Nuisance can broadly be defined as something that affects somebody's use and enjoyment of their home and property. Noise is the most frequently complained of nuisance issue. We can deal with domestic, commercial and industrial noise sources and have equipment to both measure and record noise if necessary. What things are classified as statutory nuisances? Issues controlled using statutory nuisance law under the Environmental Protection Act 1990 include:-

• Noise
• Premises
• Smoke
• Light (from badly adjusted floodlights, for example)
• Fumes and gases (applies to domestic premises only)
• Odour (commercial premises only)
• Dust and steam (commercial premises only)
• Accumulations
• Animals
• Insects (from relevant industrial, trade or business premises)

What things are not classified as statutory nuisances?

Nuisance is based on properties so that for example, an issue that disturbed you whilst walking on a public footpath, could not be a statutory nuisance to you. Other issues that are not classified as statutory nuisances include:-

• Aircraft noise
• Domestic odours (like cooking smells)
• Normal road noise.

In such cases, whilst we will not be able to take formal action we may be able to give you advice or suggest your best course of action.

Talking over problems first

In the first instance, if it is possible, it is better for people to talk to the neighbour causing the problem. They may not know they are causing a nuisance and a reasonable approach can often get a reasonable response. We investigate all reports of nuisance and often find that a discussion with everybody involved or notification from us to the alleged source is enough to solve the problem.

Where issues are not quite so easily resolved, we will try and witness what is being complained about so that a professional judgement can be made about whether the problem fits within the terms of statutory nuisance legislation. Complaints are confidential although we cannot prevent the source from making guesses about the identity of the complainant.

Making a complaint about a statutory nuisance

You can make request an investigation about something that you think is a statutory nuisance by contacting Cannock Chase Council on (01543) 462621 or by emailing: environmentalhealth@cannockchasedc.gov.uk

If a statutory nuisance is established

If a statutory nuisance is established, the Council can serve an abatement notice on whoever is responsible. Breach of an abatement notice is a criminal offence and can result in prosecution in the Magistrates Court. There are other sanctions available in certain cases, for example in cases of domestic noise nuisance, it is possible for the Council to obtain a warrant from the Magistrates and seize noise-making equipment.