Here are a few guidelines on nuisance law. There are public nuisances, private nuisances and statutory nuisances. Differences exist between these types but similar principles will usually apply.
Local authorities deal with statutory nuisances, principally those specified in the Environmental Protection Act 1990.
These notes are no substitute for professional legal advice, which should be sought wherever necessary.
For any noise to constitute a statutory nuisance, it must either be likely to cause injury to health or amount to a nuisance at common law. "... likely to cause..." means probably likely, not just possibly likely. "Health" means the risk of disease rather than accidental physical injury.
Nuisances at common law are of two types - 'public' and 'private' nuisances. Public nuisances may at the same time be private nuisances.
For a nuisance to be a public nuisance, it must, as a matter of fact, affect a sufficient number of people for them to constitute a whole class of the population. Alternatively, it must be so widespread in its range or indiscriminate in its effects that it would be unreasonable to expect any individual person to take action to stop it.
Public nuisances can be many and varied. It could include obstruction, inconvenience or offence, provided that, as a matter of fact, it is sufficiently severe.
Statutory nuisances must be of a type specified in an Act of Parliament such as the Environmental Protection Act 1990. For example, noise and odours can be statutory nuisances but "light pollution" cannot.
Private nuisances are generally based on the maxim "use your property as not be injure your neighbour's". It can relate to damage arising from some unlawful interference with a person's use of his land. The person affected must therefore have some legal interest in the land, e.g. as owner or tenant, and the source of the nuisance must lie outside it.
An owner or tenant can take their own private action if they are suffering a private nuisance.
It is important to distinguish nuisances, which are examples of indirect interference, from trespasses, which involve direct interference.
Nuisances may, but do not necessarily involve negligence.
Its effect aside, the activity giving rise to the nuisance may be quite lawful.
The interference complained of must be unreasonable and substantial; the law implies a degree of "give-and-take" between the right of one occupier to use his land as he likes and the right of his neighbour to live in peace. Trifling issues will not be considered (the "de minimis" rule). Mere annoyance is probably not enough to constitute a nuisance nor do questions of individual taste or preference come into it.
For example, a noise not adding measurably to background levels but obtrusive and out of character with the area may amount to a statutory nuisance.
As a matter of law, the ordinary use of land is incapable of amounting to a private nuisance.
What is unreasonable will be a matter of fact, depending on the circumstances. A particular noise at midday may be reasonable yet if repeated at midnight, it may not be. Some activities are inherently noisy and cannot be minimised but must still be done. In circumstances where the noise is truly essential and inevitable, it will not be unreasonable.
The consent of the person affected is not to be implied by his "coming to the nuisance" but in the case of an "amenity" nuisance, such as noise, the character of the neighbourhood will be relevant to what is reasonable; "what would be a nuisance in Belgrave Square would not necessarily be so in Bermondsey." This does not hold true, however, where physical damage is caused, for example, by vibration.
A private nuisance can be deemed lawful, twenty years after the person affected became aware of it if he acquiesces to it throughout that period.
What would otherwise be nuisances, caused inevitably in the course of an activity enabled by statue, will not be so since they will not be unlawful.
The degree of interference can be judged by factors such as the duration of a noise or its frequency of occurrence if it is intermittent. However they will not always be conclusive. A single occurrence may still be classed as a nuisance whereas something repeated may still not be.
Abnormal sensitivity on the part of a person or property affected by an alleged nuisance is to be ignored in assessing reasonableness; the only standard to be applied is of the notional "ordinary man" and what he might expect.
Nuisance is a matter of so-called "strict liability" - the person responsible need not be at fault except if some act of nature is blamed. It is not necessary to prove that he should have foreseen the consequences of his act etc.
The intention of the person causing a nuisance is usually irrelevant but malice may turn a reasonable act into an unreasonable one.
In the majority of cases officers of a local authority will have to witness an alleged statutory nuisance in order to be satisfied of its existence; the evidence of a third party can however assist in this assessment, if sufficiently cogent.
Once a local authority is reasonably satisfied that a statutory nuisance exists or is likely to occur or recur, it has a duty to serve an abatement notice on the person(s) believed to be responsible. Strictly, there is no discretion in this, although it will need to keep in mind the "best practicable means" defence where a nuisance relates to industrial, trade or business premises.
"Best practicable means" is interpreted by reference to the following provisions:
"practicable" means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications;
the "means" to be employed included the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures;
the test is to apply only so far as compatible with any duty imposed by law;
the test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances;
In circumstances where a code of practice under section 71 of the Control of Pollution Act 1974 (noise minimisation) is applicable, regard shall also be had to guidance given in it.
A person may commit a nuisance as part of a group of persons, even where their own contribution may be insufficient alone.
Statutory notices can be enforced other than by prosecution, i.e. by work in default, but if a local authority decides to go to court it must prove every element of its case beyond reasonable doubt. Before prosecuting, it should consider three things:
