Nuisance complaints - Parliamentary Briefing

04 Aug

We occasionally alert to Parliamentary Library Briefing Papers of possible passing interest to our sector.

This House of Commons Library briefing paper provides an overview of options for dealing with nuisance together with Government guidance and relevant legislation on various types of nuisance.

Concerns about various kinds of nuisance from neighbouring residential or business premises are common: for example noise, smoke, smells, fumes, light, trees and vegetation and infestations.

Statutory nuisance can occur when the activity of a party on their own premises detracts from another’s the enjoyment of their property or causes a risk to public health.  The legislation covering statutory nuisance is the Environmental Protection Act 1990.

Local authorities have a duty to monitor potential nuisance and to investigate complaints of nuisance made by residents. They have a duty to act to stop or prevent the nuisance if they deem it to be a statutory nuisance. 

Section 79 of the Act outlines the different types of nuisance which can be dealt with as statutory nuisance.  To be considered a nuisance, an activity must be ongoing or repeated-a one-off event would not usually be considered under the Act.

This briefing deals mainly with nuisance affecting individual residents, which constitutes statutory nuisance and the alternative remedies which are available under statutory nuisance legislation.  It also describes other nuisance and the other applicable legislation together with sources of help and advice – and can be found here: 'BRIEFING PAPER: Nuisance complaints'.

Law correct at the date of publication.
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