Within most of the defined classes of statutory nuisance there is a requirement that the matter complained of be prejudicial to health or a nuisance1. Although these are alternatives, a statutory nuisance may be both prejudicial to health and a nuisance at common law2.
'Prejudicial to health' means injurious, or likely to cause injury, to health3. The phrase has consistently been limited to the adverse effects on people's health of filthy or unwholesome premises and the like: in particular, the risk of disease or illness4. It is not necessary to consider whether those matters affect personal comfort
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