Nuisance

We may feel many things are a nuisance to us, but when do they amount an actionable nuisance at law?

The Environmental Protection Act lists several things which may be a “statutory nuisance” if they are considered either prejudicial to health or a nuisance. These include:

Premises
Smoke
Fumes
Gases
Dust
Steam
Smell
Effluvia
Accumulations
Deposits
Animals
and
Noise from premises, vehicles, machinery or equipment in the street

To decide whether a person’s experience of any of these amounts to a statutory nuisance requires a detailed understanding of the law, case law, and the technical aspects of monitoring and assessing each physical entity and its impact on those affected.

Deciding at what point the balance tilts in favour of taking action is very difficult for local authority officers to assess. And then when they have, it is equally difficult to decide whether the nuisance has been abated, or enforcement action through the courts is necessary.

The defence of “best practicable means” is a particularly difficult concept to understand and quantify which requires complex cost benefit analysis.

As an acknowledged expert in these fields with over 30 years experience and dozens, if not hundreds of cases, Roger Braithwaite has successfully:

Enforced actions on behalf of local authorities
Supported appeals on behalf of plaintiffs
Investigated on behalf of the local government ombudsman where there has been inaction by local authorities
Quantified and assessed every type of nuisance on behalf of individuals and / or group actions


Whether your problem is caused by noise, fume or any other source
Whether it be statutory, public or common law nuisance

We can help

If you would like to discuss your requirements either:

Telephone: 01926 62 49 66

e-mail enquiries@zeroenvironment.co.uk

Send a fax 01926 62 49 26

Or write to:
Zero environment Ltd
PO Box 1659
Warwick
CV35 8ZD

See also:

Comments of past clients