Environmental Law
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STATUTORY NUISANCE
ENVIRONMENTAL PROTECTION ACT 1990
PART III
Statutory Nuisance
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 Duties of Local Authority
 Periodic Inspection s79(1) EPA 1990
 Required to take such steps as are reasonably
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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]
Statutory Nuisance
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 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
Statutory Nuisance
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 (f) any animal kept in such a place or manner as to be
 (fa) any insects emanating from relevant industrial, trade
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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
Statutory Nuisance
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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]
Statutory Nuisance
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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]
Statutory Nuisance Examples
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 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]
Statutory Nuisance Examples
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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)
Statutory Nuisance Examples
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 S79(1)(g) Noise
 Neighbouring property
 Factors to consider = duration and time; nature of
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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
Statutory Nuisance
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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
Statutory Nuisance
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 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