Statuary nuisance is a statutory instrument derived and defined in the environmental protection act 1990 act 3. Statuary nuisance falls in the category of civil law
Statutory nuisance is tort law and is when a nuisance has been defined by law.
A definition of statutory nuisance might read like this
“The un-acceptable interference with the personal comfort or amenity of neighbours or nearby community”
It basically means if an individual or company is impeding your quiet or damaging your health through activities which may be producing noise , smoke or dust etc you are able to complain to the local council or go straight to a magistrate and if they are found to be in breach of the statuary nuisance laws. They can be ordered to stop within 21 days, if they do not stop abatement order can be issued and if they still do not stop an injunction can be served on them and it will turn into a criminal case
The magistrate is guided by three issues in deciding if there are grounds for a statutory nuisance order
1. Nature and location
2. Time and duration
3. The utility of activity
Wednesday, 21 January 2009
Links About The Statutory Nuisance Laws
The first paragraph from the reigate and banstead district councils statutory nuisance page gives a clear and concise definition of what can be termed a statutory nuisance.
This infomation from the from the royal borough of kennsington and chelsea's enviromental health departments website sets out clearly what can be defined as a Statutory Nuisance.
This link contains the legal in's and out's of appealing against a served statutory nuisance abatement order. This infomation is contained on the OPSI website (office of public sector infomation)
This is a link to an online PDF document detailing the first case of its kind to use the statutory nusience laws to attempt to shut a wind farm on grounds of noise nusience
Here is another example of a statutory nusience case. This case was brought against the the tussauds group, who own Alton towers theme park by a local resisdent, again this case was brought to court on the grounds of noise nusience.
This infomation from the from the royal borough of kennsington and chelsea's enviromental health departments website sets out clearly what can be defined as a Statutory Nuisance.
This link contains the legal in's and out's of appealing against a served statutory nuisance abatement order. This infomation is contained on the OPSI website (office of public sector infomation)
This is a link to an online PDF document detailing the first case of its kind to use the statutory nusience laws to attempt to shut a wind farm on grounds of noise nusience
Here is another example of a statutory nusience case. This case was brought against the the tussauds group, who own Alton towers theme park by a local resisdent, again this case was brought to court on the grounds of noise nusience.
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