In their present form they are set out in the Environmental Protection Act 1990 Part III (see EEF Register of Environmental Legislation).
Part III of the Environmental Protection Act 1990 (EPA 90) contains the main legislation on statutory nuisance (as amended by Noise and Statutory Nuisance Act 1993, which included measures for dealing with noise in the street). EPA 90 allows action on statutory nuisance to be taken by either local authorities or individuals.
This means that if your business is the source of a nuisance as alleged by one or more of your neighbours, then you can be taken to court by either the environmental health officers of your local authority or those individuals who allege the nuisance.
The following are statutory nuisances (when prejudicial to health or a nuisance):
- premises in such a state as to be prejudicial to health or a nuisance;
- smoke emitted from premises;
- fumes or gases from private dwellings;
- dust, steam, smell or other effluvia from industrial, trade or business premises;
- any accumulation or deposit;
- any animal kept in such a place or manner as to be prejudicial to health or a nuisance;
- noise emitted from premises;
- noise from a vehicle, machinery or equipment in the street; and
- any other matter declared by any enactment to be a statutory nuisance.
Note: the list includes non-business related statutory nuisance.
Action cannot be taken regarding statutory nuisance in respect of air pollutants if the site or process in question is subject to IPPC. Any emission of air pollutants will be part of the authorisation, etc.. In the case of IPPC, noise is also specifically part of the permit. Action regarding noise nuisance is, therefore, not relevant for IPPC sites. Controls could apply to restrict noise levels within the terms of the permit.
If the allegation is one of ‘nuisance’ then as well as proving that the emission (or ‘effluvium’) exists and is being released from the premises in question, it must also be proved that the complainant’s right to enjoy their own property is being interfered with.
For example, it would have to be shown that there is an offensive odour, that it is being produced by the accused’s factory and that, because of the smell, the complainant is unable to enjoy their garden.
Local authorities have a duty to inspect their areas from time to time and to take action against nuisances which might cause offence.