Wednesday 21 January 2009

Statutory Nuisance

Statutory Nuisance comes under the Environmental Protection Act 1990 Part 3.
It is a piece of legislation that governs environmental problems such as noise and dust etc.
If a problem is encountered then the first step is to contact the environmental health officer at the relevant council. He is under a legal obligation to investigate the complaint. If he believes there is a genuine complaint he will write to the offending person/company outlining the problem and giving them 21 days to remedy it. If the person or company complained about disputes the claim then they can appeal against the notice.
If the problem is not resolved within 21 days or an appeal is received then the officer may serve an abatement notice requiring them to take action, and giving them a further 21 days to conform. Again an appeal against the notice can be made through the magistrates courts.
If after 21 days the complaint has not been resolved or an appeal to the magistrates received then a fine of up to £20,000 can be levied against companies or a fine up to £5,000 against individuals
The magistrates can, sometime offer compensations to the person that has been wronged. The magistrates court are guided by
1. Nature and location
2. Time and Duration
3. Vitality of activity.

Sources
http://www.opsi.gov.uk/ACTS/acts1993/ukpga_19930040_en_1
http://www.southampton.gov.uk/environment/environmentandpollution/publichealth/noiseinfo/ststnuis.asp
http://www.easington.gov.uk/services/commercialenforcement/4-5371.asp