Public health (statutory) nuisance

What is statutory nuisance?

Statutory nuisance can be defined as the material interference with the reasonable use and enjoyment of a premises. It is more than an annoyance, and instead is a consideration of whether something is inherently unreasonable to the ‘average person’.

Only authorised officers of the Local Authority, or a Magistrate, can make an assessment of statutory nuisance. When making this assessment individual characteristics cannot be taken into account such as those that may make a person more vulnerable to noise, including shift working patterns and medical conditions.

Statutory nuisance law in practice is quite complex and it is based upon many years of case law. What is or is not a nuisance is based upon the professional opinion of the investigating officer. 

 To be considered a statutory nuisance something must be, or likely to be:

• a nuisance or;
• prejudicial to health

It must be something which seriously affects and disturbs the comfort and enjoyment of a person's property and can include:

• any premises in such a state as to be prejudicial to health or a nuisance
• smoke and ash emitted from premises, such as from bonfires or chimneys
• fumes or gases emitted from a domestic premises 
• any dust, steam, smell or other effluvia arising on business premises
• accumulations or deposits which are prejudicial to health or a nuisance
• any animals kept in such a place or manner as to be prejudicial to health or a nuisance
• any insects emanating from a business premises
• noise from domestic or commercial premises, including licensed premises
• noise emitted from or caused by a vehicle, machinery or equipment in a street
• artificial light emitted from premises

The assessment of statutory nuisance

An assessment of statutory nuisance takes into account a number of factors, set by case law, which help us to determine whether the matter is inherently unreasonable. These include:

• time
• duration
• frequency
• nature of the area
• reasonableness
• difficulty in controlling the matter

The Law

Statutory nuisance is a private nuisance, prescribed under the Environmental Protection Act 1990, Section 79.

If an authorised officer of this Authority is satisfied of the existence or likely occurrence of a statutory nuisance, they will serve an Abatement Notice, requiring abatement of the matter.

Where the Local Authority are not able to take enforcement action on a matter, you are able to take independent action through the Magistrates’ Court under Section 82 of the Environmental Protection Act 1990.

Abatement notice

If satisfied of a statutory nuisance, we will serve an abatement notice, requiring that the subject matter no longer causes a nuisance to local residents. It will give a time for compliance, sometimes this it requires abatement from the moment the notice is received.  

Failure to comply with the notice, and breaches witnessed by authorised officers could result in prosecution. In relevant noise cases, we can seize noise generating equipment and apply to the courts that these items are confiscated. When works are required to comply with a notice, the London Borough of Bromley may do this on behalf of a resident, with all costs borne charged back to the person responsible.