Statutory nuisances

Appeals against a Section 80 notice must be made to the magistrate s court within 21 days of the serving of the notice. The grounds of appeal are given in the Statutory Nuisance (Appeals) Regulations 1990 and are as follows ... 

New furnaces have to be constructed (as far as is practicable) so as to operate smokelessly. Chimney heights are controlled (see below). Smoke Control Orders can be introduced (to control domestic smoke) and grants are available to convert fireplaces to burn authorized fuels. Smoke (other than dark smoke, which is already controlled) is dealt with by Section 16 of the 1956 Act and is, for the purposes of Part 111 of the 1936 Public Health Act, to be considered as a statutory nuisance. 

Statutory nuisance While certain occurrences are declared to constitute statutory nuisances, there has never... 

Part III re-enacted the law on statutory nuisance with changes to the Public Health Act 1936, controls over offensive trades being transferred to Part 1. 

Noise can cause a serious nuisance in the neighbourhood of a process plant. Care needs to be taken when selecting and specifying equipment such as compressors, air-cooler fans, induced and forced draught fans for furnaces, and other noisy plant. Excessive noise can also be generated when venting through steam and other relief valves, and from flare stacks. Such equipment should be fitted with silencers. Vendors specifications should be checked to ensure that equipment complies with statutory noise levels both for the protection of employees (see Chapter 9), as well as for noise pollution considerations. Noisy equipment should, as far as practicable, be sited well away from the site boundary. Earth banks and screens of trees can be used to reduce the noise level perceived outside the site. 

The Environmental Protection Act (EPA), 1991, which subsumes previous acts such as the alkali act (1906), and the clean air act (1956/68). The act covers air pollution, noise, and other matters causing a statutory nuisance. 

Concurrent with enactment of these statutory provisions, the English judiciary was evolving a parallel body of both civil and criminal common law. Causes of action were recognized against those who sold adulterated food and those who maintained any common nuisance.(5)... 

The particular role of the Part IIA system is to ensure that land is suitable for use in the context of its current use and setting. Previous statutory regimes have been in place for similar purposes—most noticeably and recently, the anti-pollution works provisions in the Water Resources Act 19914 and the statutory nuisance system in the Environmental Protection Act 1990.5 But following a policy review in 1993 and 1994,6 the then Government considered that a modern, specific contaminated land power was needed,7 and legislated accordingly in the Environment Act 1995. 

Statutory nuisance. Under the statutory nuisance regime in Part III of the Environmental Protection Act 1990, liability fell in the first instance on the person responsible for the nuisance , this term being expanded to mean the person to whose act, default or sufferance the nuisance is attributable .26 Responsibility would pass to the owner or occupier of the premises if no such person could be found or if the nuisance arises from any defect of a structural nature .27... 

The whole question of liabilities falling on innocent owners was—and remains—a hotly debated political topic. The approach taken by the Government was to follow the broad pattern of existing potential liabilities in particular, the statutory nuisance system has a very similar approach of liabilities passing to the current owner where the person responsible for the nuisance cannot be found .34... 

Local authority officers inspect for statutory nuisances including ... 

Civil law has a number of branches. Most relevant to this book are contract, tort (delict in Scotland) and labour law. A contract is an agreement between parties which is enforceable at law. Most commercial law (for example, insurance) has a basis in contract. A tort is a breach of duty imposed by law and is often called a civil wrong. The two most frequently heard of torts are nuisance and trespass. However, the two most relevant to safety law are the torts of negligence and of breach of statutory duty. 

This is another consolidating Act and in Part III statutory nuisances and offensive trades are dealt with. 

Where a statutory nuisance exists, the local authority can serve an... 

The Act also deals with statutory nuisances and clean air. These aspects of the Act are enforced by the local authority and replace many sections of the Public Health and Clean Air Acts. Still in the public domain, there are several sections on the control of litter in public places. 

A statutory nuisance is the emission of smoke, fumes, gases, dust, steam, smells, other effluvia and noise at a level which is judg to be prejudicial to health of, or a nuisance to, the community or anyone living in it. The legal interpretation is somewhat flexible. 

Where a local authority is satisfied that either a statutory nuisance exists or is likely to occur or recur, it can serve an Abatement Notice requiring the abatement, prohibition or restriction of the occurrence or recurrence. 

A statutory nuisance must materially interfere with the enjoyment of one s dwelling. It is more than just irritating or annoying and does not take account of the undue sensitivity of the receiver. ... 

In the context of the Environmental Protection Act 1990, noise or vibration is a statutory nuisance if it is prejudicial to health or is a nuisance. However,... 

The line that separates nuisance from no nuisance is very fine and non-specific. Next door s intruder alarm going off at 3 a.m. for an hour or more is clearly a statutory nuisance, whereas one going off a long way from your home would not be a nuisance. Similarly, an all-night party with speakers in the garden would be a nuisance, whereas an occasional party finishing at, say, midnight would not be a statutory nuisance. 

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