Statutory nuisances are specific nuisances as defined by the Environmental Protection Act 1990. The Act gives us the power to investigate complaints of nuisance and to take action if we are satisfied that the matter is a statutory nuisance.
Statutory nuisance is generally defined as:
- unreasonable and significant,
- as having an unreasonable affect on a persons enjoyment of their property.
It is much more than just an annoyance or being aware of something.
| Covered by statutory nuisance law |
Unlikely to be covered by statutory nuisance law |
| Noise |
Aircraft Noise |
| Smoke |
Odour from domestic kitchens |
| Odour from commercial premises |
Road traffic noise |
| Insects from commercial premises |
Neighbours arguing |
| Artificial light |
A baby crying occasionally |
| |
Dogs barking occasionally |
How is a statutory nuisance determined?
A statutory nuisance is determined by one of our environmental health officers, not the person who has complained. The decision is based on what the 'ordinary person' would accept. We cannot therefore take into consideration shift workers or people who are studying or unwell.
We will however take into account:
- the time of day/night
- how long it lasts
- how often it happens
- whether it's socially acceptable, for example fireworks on bonfire night, or church bells ringing.
- surrounding environment.
What you can do?
What we will do about your complaint
We will investigate any complaint and if it proves to be a statutory nuisance we will approach the person responsible informally. If an informal approach is ineffective we can issue the person responsible with a statutory notice requiring the nuisance to be stopped. If the person fails to act within the time specified they will be liable to be prosecuted.
For further Information:
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Contact: Environmental Protection Team
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Address: Mansion House, Penrith, CumbriaCA11 7YG
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Telephone: 01768 212490
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Email: pollution@eden.gov.uk
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Fax: 01768 890732
