What is nuisance?
Nuisance is an old legal concept having its origin in civil law ( see emissions to air). It can be summed up as ‘interfering with a person’s enjoyment of their property’. There are three types of nuisance: private nuisance, public nuisance and statutory nuisance. Environmental issues such as noise, odours and the emissions of dust and other solid materials may be any one of these types of nuisance.
For businesses, the most relevant category of nuisance is public nuisance. A public nuisance is some unlawful act or omission which endangers or interferes with the lives, safety or comfort of the public, or which causes inconvenience or obstruction to the exercise of a common right. Examples of issues which might be classed as public nuisances are interfering with your neighbours’ right to peace and quiet by emitting noise, or depositing dust from a process on neighbouring premises.
Public Nuisance
Public nuisance is a criminal offence. The police bring most public nuisance prosecutions, but prosecutions regarding environmental nuisances are taken by local authority environmental health officers.
In the case of private nuisance, one company or person sues another because they perceive that they have been wronged. The plaintiff must show in court that their right to the enjoyment of their own property has been interfered with. If the tort is proved, then damages can be sought.
Individuals may also sue a person or company convicted of public nuisance for compensation where they feel that they can show particular damage over and above that suffered by ‘the general public’, or for an injunction to prevent further offences.
Statutory nuisance
Statutory nuisance is defined in the Environmental Protection Act 1990 (as amended). It enables both local authorities and individuals to take action to secure an abatement of statutory nuisance (see emissions to air).
There is a defence of best practicable means (BPM) in respect of nuisance from industrial, trade or business premises.
BPM takes account of local conditions, technical knowledge, financial implications, and includes design, installation and maintenance of plant, buildings and structures, working operations, training, periods or operation etc..
Local authorities have a duty to inspect their areas from time to time to detect whether a range of nuisances exist or are likely to occur or recur. They must also investigate complaints from residents.
Where a local authority decides that there is a nuisance it will serve an abatement notice.
An abatement notice may:
- prohibit the activity generating the nuisance;
- restrict the activity; and/or
- require measures to be taken to abate the nuisance.
Appeal may be made to the magistrates within 21 days.
Failure to comply may result in prosecution at the magistrates’ court. The maximum fines are level 4 (currently £5,000) (except for noise nuisance from an industrial trade or business premises, when it can be the maximum, level 5, which is currently £20,000), plus a daily fine of £500 for every day on which the nuisance continues after the date of conviction.
Individuals may take action in the same courts, on the same basis, but must first inform the alleged nuisance maker that they intend to take court action.
Standards of proof and remedies
A key difference between criminal law and civil law is the level of proof required in order for a court to return a guilty verdict. In each of the torts or civil wrongs (in civil law the action refers to a ‘tort’ rather than a ‘crime’) described above, a judge must decide whether or not the defendant is at fault by considering the case on the ‘balance of probability’. This is easier to prove than the criminal law requirement which is one of ‘proof of guilt beyond reasonable doubt’.
Damages may be awarded to the claimant based on the loss incurred. Legally binding injunctions may also be issued against the defendant to prevent continuance or recurrence of the tort.