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Nuisances - environmental

Nuisance

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.

What other action can I take?

You may wish to consider taking your own action under section 82 of the Environmental Protection Act 1990.

In some circumstances the council may be unable to get sufficient evidence to be able to take action on behalf of an individual who has made a complaint. Should this occur, you can take independent action by complaining direct to the Magistrates' Court under section 82 of the Environmental Protection Act 1990. This is quite simple and need not cost much; you do not need to employ a solicitor, but it is advisable to obtain some legal advice.

Before approaching the court, it is a good idea to write to the noise-maker saying that unless the noise is abated by a certain date (e.g. two weeks) you will complain to the Magistrates' Court. Keep a copy of all correspondence. If the noise-maker ignores either a verbal or written request by you to abate the noise, contact the Justices' Clerk's Office at your local Magistrates' Court, explaining that you wish to make a complaint under section 82 of the Environmental Protection Act 1990. The Clerk of the Court should be able to advise you further. You must give at least three days notice of your intention to complain to the Magistrates' Court, to the person considered responsible for the noise. The notice should provide details of the complaint and may be delivered by hand or by post. A Solicitor can do this for you (a solicitors' letter will show you are serious). You need to prove to the Magistrate, beyond reasonable doubt, that the noise you are complaining about amounts to a nuisance. The diary you keep will be important evidence. Although the law says that only one person needs to be affected for there to be a nuisance, in practice the evidence of other witnesses will strengthen your claim.

A date will be set for the hearing and the person about whom you are complaining, will be summoned to Court. You will be required to explain your problem and produce evidence of the disturbance. You will have to give your own evidence and cross-examine your supporting witnesses to draw out their evidence. The neighbour will be able to cross-examine you and your witnesses and may produce their own evidence. A Solicitor will help, but you can take action on your own. The law relating to business premises is slightly different: they can defend themselves by proving that they are using the "best practicable means" to prevent the noise.

If you prove your case, the Court will make an order requiring the nuisance to be abated, and/or prohibit recurrence of the nuisance. It also has the power at the time the nuisance order is made, to impose a fine on the defendant (currently up to £5,000). If this order is ignored, further Court action will need to be taken; you must therefore continue to keep records of noise nuisance in case it is necessary to return to Court. If you fail to prove your case you may have to pay some of the defendant's expenses in coming to Court.

Last Updated: 08/03/2019

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Cannock Chase District Council

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Cannock Chase Council, Civic Centre,
Beecroft Road, Cannock, Staffs WS11 1BG

t 01543 462621
e customerservices@cannockchasedc.gov.uk

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