The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
A statutory nuisance is an activity which is or is likely to be:
a nuisance, or
prejudicial to health
It is the unacceptable interference with the personal comfort or amenity of neighbours or the nearby community. A nuisance is that which would ordinarily affect most people, rather than just the most vulnerable. However, if the nuisance affects most people but has a severe impact on particularly vulnerable people, they may bring a claim for statutory nuisance.
A local authority has a duty to investigate statutory nuisance but it is also open to the public to bring a statutory nuisance to the magistrates' court and request that an abatement notice be served.
A statutory nuisance may arise from:
the physical state of a premises
smoke, fumes or gases emitted from premises, vehicle, machinery or equipment in a street
dust, steam, odours from a business, industrial or trade premises
rubbish or any accumulation or deposited material
noise emitted from any premises, vehicle, machinery or equipment in the street
The list of statutory nuisance is not limited to these as other activities may be declared a statutory nuisance. See Practice Note: Statutory nuisance.
The local authority, through an environmental health officer will investigate and apply the test to see whether the activity is a statutory nuisance. A number of
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234