Noise is a pollutant which can be a source of anxiety and stress for many people and have lasting psychological effects. Noise nuisance is unwanted sound that can impact on quality of life, comfort and amenity and cause prejudice to health and wellbeing.
There is no clear objective definition as to what constitutes a nuisance. In principle, almost anything which stops anyone from exercising and enjoying their rights can be deemed a nuisance under common law. If a nuisance affects a whole neighbourhood, it can be considered to be a public nuisance. Under common law a nuisance can either be a 'public' or 'private' nuisance. A public nuisance can at the same time be a private nuisance.
A statutory nuisance is the statute version of the common law tort of nuisance and is an act or omission, which has been designated a nuisance by an Act of Parliament e.g. Part III of the Environmental Protection Act 1990. Environmental Health Professionals are the recognised experts for assessing statutory nuisances.
Environmental Health Professionals employed by local authorities are authorised to abate statutory nuisances and or prevent nuisances through enforcement action, by service of an abatement notice under Section 80 of the Environmental Protection Act 1990. Section 82 of the 1990 Act enables any person aggrieved by a statutory nuisance to take their own action in the Magistrates Court to obtain a Court Order to stop a noise nuisance.
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