In more detail
If noise and nuisance are problems in your neighbourhood, the council may be able to take action on grounds of public health - and there are some actions that can be taken through the local planning system. In general, however, the first thing to try is to see if issues can be sorted out without resort to regulation or local plans.
Planning concerns
Noise and light pollution are both relevant issues in local planning. Noise needs to be considered, for example, when new developments might cause nuisance to neighbours; or when the existing levels and profile of noise in an area make it unsuitable for certain new types of development. Light pollution is considered in planning in similar ways.
Nuisance?
In common law, ‘nuisance’ covers just about anything (apart from the law itself) which stops you enjoying your rights, including those arising from your property, as a tenant or an owner-occupier. If you suffer some real and substantial loss because, for example, of the way a landowner (which could be the council, or a housing association, or a business as well as a householder) uses, or allows others to use, their property, then you may be able to go to court to sue for damages or to seek an injunction to prevent a recurrence of the nuisance.
Statutory nuisance
Parliament has given particular bodies duties to deal with certain kinds of defined ‘statutory nuisance’. For example, local councils (acting with their public health hat on rather than as planning authorities) must periodically - inspect their areas for, investigate complaints of, and take action to stop or prevent any of the following which are ‘prejudicial to health’ or a nuisance:
- smoke, fumes or gases emitted from premises
- dust, steam, smell or other effluvia arising on industrial, trade or business premises (effluvium means ‘a thing which flows’, but in this context it means liquid or gas waste products or pollution)
- 'accumulations and deposits' (accumulation means ‘a thing which is built up’, but in this context it means rubbish, rubble, soil or other solid waste products or pollution; and deposits means materials that have been left or dumped)
- noise or artificial light emitted from premises
- insects emanating from industrial, trade or business premises (for example, cockroaches, fleas or beetles that damage and destroy crops or attack the fabric of other buildings)
And :
- an animal kept in such a place or manner so as to be a nuisance or a health hazard
- any premises which are kept in such as state so as be a nuisance or a health hazard
- any vehicle, machinery or equipment in a street which emits noise that is a nuisance or health hazard.
Statutory nuisance covers both public and private nuisances. (That is - when the damage applies to several people at once, or just one person). If councils are satisfied that there is, or is likely to be, a statutory nuisance, they can serve an abatement notice on the person responsible for the problem. A notice can give the person a period of time to remedy the situation. Failure to comply after this term is a criminal offence.
Community dialogue
It is not easy to show that something is 'prejudicial to health' and 'nuisance' is defined in this context as anything (except the law itself) which results in ‘unreasonable’ reduction in amenity or environmental quality. Neighbours usually have different views of what is reasonable and what is not. This makes enforcement action difficult. Although there are some things you can do about noise and nuisance through neighbourhood planning and the council may be able to do more using public health and environmental law, more issues are resolved by talking them through - perhaps as part of a community planning process. Community dialogue – enabling people to talk about the issues and to agree what is reasonable for your neighbourhood – may often offer the best chance of a long-term resolution and improvement.
| Key Facts:
Nuisance is anything which stops people from enjoying the use of their property. That can include things like noise and light pollution - and these things may be relevant issues in planning new development. The council can take action on a much wider range of 'statutory nuisances' which can include things like build-ups of waste; dangerous animals; badly maintained properties or vehicles; as well as light, noise and other sorts of pollution. The best way to tackle neighbourhood nuisance, however, is usually throughcommunity dialogue. That is, creating space for people to talk and agree standards of behaviour for the neighbourhood. This could be part of a community planning process. |
Page Links from here
Law and Environment is a website produced by the UK Environmental Law Association.
Noise Nuisance provides advice and support to people affected by noise problems
The government guide to Resolving Neighbour Disputes
In this toolkit, see:
OR you can use the navigation menu above right to look at other parts of the toolkit.
BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.
| created: 2016-05-12 12:01:40 | by: admin | status: f published |