Nuisance
The question
To ask the Secretary of State for Environment, Food and Rural Affairs, if he will take steps to ensure that local communities are consulted on statutory nuisances.
Answered by Emma Hardy
The Statutory Nuisance Regime under Section 79 of the Environmental Protection Act 1990 (EPA) is designed to provide protection from nuisances including noise, odour, smoke, fumes, artificial light, infestations and accumulations. Local authorities are responsible for investigating nuisance problems brought to their attention under the EPA.
If they agree that a statutory nuisance is happening, has happened or will happen in the future, councils must serve an abatement notice (usually on the person responsible). This could result in an unlimited fine if the recipient does not follow the rules of the abatement notice. It could also result in prosecution and an additional fine if found guilty in a Magistrates Court.
Local Authority Environmental Health Officers are qualified to make decisions on what can be considered a statutory nuisance within the local context and issue an abatement notice immediately. At this present time, there are no current plans to change the regime to include local consultation.
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