1. Statutory Nuisance Environmental Protection Act 1990 Part III
Environmental Law
Statutory Nuisance
Environmental Protection Act 1990
Part III

2. Statutory Nuisance Duties of Local Authority
Periodic Inspection s79(1) EPA 1990
Required to take such steps as are reasonably practicable to investigate a complaint
Service of Abatement Notice s80(1) EPA 1990
Statutory nuisance exists
Is likely to occur
Or recur
R v Carrick District Council, ex p Shelley [1996]

3. Statutory Nuisance List in S 79(1) EPA 1990
All of which to be a statutory nuisance must be
‘prejudicial to health or a nuisance’
(a) any premises in such a state as to be
(b) smoke emitted from premises so as to be
(c) fumes or gases emitted from premises so as to be
(d) any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being
(e) any accumulation or deposit which is

4. Statutory Nuisance
(f) any animal kept in such a place or manner as to be
(fa) any insects emanating from relevant industrial, trade or business premises and being
(fb) artificial light emitted from premises so as to be
(g) noise emitted from premises so as to be
(ga) noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street
(h) any other matter declared by any enactment to be a statutory nuisance

5. Statutory Nuisance Prejudicial to Health defined in s79(7) EPA 1990 as
injurious, or likely to cause injury, to health
public health meaning (rather than personal injury)
Rv Bristol City Council v Everett [1999] Confirmed in
Birmingham City Council v Oakley HL [2000]
Objective test
Cunningham v Birmingham City Council [1997]

6. Statutory Nuisance Or a Nuisance
(common law) an unreasonable interference with the use or enjoyment of neighbouring land/property
National Coal Board v Thorne [1976]
Personal discomfort
Wivenhoe Port v Colchester BC [ 1985]

7. Statutory Nuisance Examples
S79(1)(a) Premises in such a state as to be prejudicial to health or a nuisance
ie. Source of possible infection or disease or illness such as dampness, mould or dirt or evil-smelling accumulations or the presence of rats
Birmingham City Council v Oakley [2000]
S79(1)(e) ‘an accumulation of something which produces a threat to health in the sense of threat of disease, vermin or the like’. ( not personal injury)
Coventry City Council v Cartwright [ 1975]

8. Statutory Nuisance Examples
A discharge of sewage on a beach
R v Carrick DC ex p Shelley [1996]
S 79(1)(f) Animals kept in such a place or such a manner as to be prejudicial to health or a nuisance
Morrisey v Galer [1955] nuisances arising from premises in which animals were kept ie. insanitary or defective premises. Cf R v Waldon ex p Coton[1963]
Noise from animals s 79(1)(g)

9. Statutory Nuisance Examples
S79(1)(g) Noise
Neighbouring property
Factors to consider = duration and time; nature of activity; harm suffered; neighbourhood
Modified abatement notice provisions s 80A EPA 1990
LA, as alternative, may take such steps as it considers appropriate for purpose of persuading person responsible to stop nuisance occurring or recurring
More flexible and immediate response (7 days)
After which period mandatory abatement notice

10. Statutory Nuisance S80(1) EPA 1990 Abatement Notice
Abatement of nuisance
Execution of Works
Not always necessary to stipulate works
Cambden LB Council v London Underground [2000]
Person responsible s79(7) EPA 1990
Reasonable excuse
S80(4) Failure to comply = offence
S80(7) Defence - Best Practicable Means

11. Statutory Nuisance
Appeals against Abatement Notice to Magistrates Court s 80(3) EPA 1990
Grounds of Appeal - Statutory Nuisance (Appeals) Regulations 1995
Individual Actions by Aggrieved Persons to Magistrates Court s 82 EPA 1990