Statutory nuisances
About Statutory Nuisances
A Statutory Nuisance is determined under the provisions of the Environmental Protection Act 1990. The legal definition of what constitutes a statutory nuisance is complex and based on many years of case law.
We need to consider the following key factors when investigating a noise nuisance:
- There must be a material interference with the enjoyment and use of the complainant’s property. The noise must therefore be considerable, causing loss of sleep, interfering with conversation or watching television. However there would have to be consideration of the time the noise occurs, the intensity of the noise, its character and its duration.
- Isolated incidents, unless extreme, would not be considered to be a nuisance, for example ‘one- off’ parties. The problem must normally be continuous, frequent and happening over extended periods of time.
- Assessments are made from the perspective of an ordinary reasonable person. This means that the council cannot consider any personal circumstances or sensitivities of the complainant.
- Factors such as unusual shift patterns, medical conditions or other sensitivities of the complainant cannot be taken into account when we decide whether a particular problem is causing a statutory nuisance. It is a person’s basic right to use and enjoy their property. However, there is no right to tranquillity or silence.
Complaints we cannot deal with:
- Household noise, for example, talking, slamming doors, walking/running up and down stairs, children playing, flushing toilets and noise between flats where laminated floors have been installed.
- Dog barking that is considered exhibiting normal behaviour, such as when there is a knock at the door.
- Anonymous Complaints
- Noisy Behaviour in Streets (this may be ASB)
- Noisy Children or playing in street or gardens (this may be ASB)
- People singing/shouting/screaming (this may be ASB)
- Normal use of appliances such as washing machines, hoovers, dishwashers.
- Occasional or one-off noise
- Aircraft Noise
- Road /Traffic Noise or noisy vehicles/motorbikes
- Railway Noise/track repairs
- Helicopter Noise
- DIY noise (guideline restricted hours are between 08:00 and 18:00 Mon – Fri, 08:00 – 13:00 Sat. No noisy works on Sun or Public Holidays)
- Firework noise
- Noise due to poor insulation between older properties (pre-1984)
- If the complainant is ill or more sensitive than the average person
- Military noise on army land-guns, tanks, helicopters, exercises
- Complaints from night shift workers about normal day noise
- Buskers and street entertainers
- Police or emergency services operations
- Noise from animals in the wild.