Under Part III of the Environmental Protection Act 1990, certain matters are declared to be ‘statutory nuisances’. They include the following:
- Any premises in such a state as to be prejudicial to health or a nuisance.
- Smoke emitted from premises so as to be prejudicial to health or a nuisance.
- Fumes or gases emitted from premises so as to be prejudicial to health or a nuisance.
- Any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance.
- Any accumulation or deposit which is prejudicial to health or a nuisance.
- Any animal kept in such a place or manner as to be prejudicial to health or a nuisance.
- Any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance.
- Artificial light emitted from premises so as to be prejudicial to health or a nuisance.
- Noise emitted from premises so as to be prejudicial to health or a nuisance.
- Noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street [or in Scotland, road].
Relatively few circumstances will be 'prejudicial to health' but 'nuisance' encompasses both public and private nuisances. Broadly, a public nuisance is any act which, without specific legal authority for it, results in an unreasonable reduction in amenity or environmental quality in a way common to several people at once. A private nuisance consists of damage arising from a substantial and unreasonable interference with the use of land or some right over it. In both cases, the context requires there to be something of a public health flavour in the consequences.
Local authorities have a duty under the Act to inspect their areas from time to time to detect statutory nuisances and to take such steps as are reasonably practicable to investigate any complaints of statutory nuisance made by persons living within their area. However they do so, where they find that a statutory nuisance exists or is likely to occur or recur, they must take some action to abate that nuisance.
That usually, though not always, means serving an Abatement Notice on the person responsible for the problem. Where the notice requires any work to be done, a reasonable period of time will be given to allow it to be carried out. Failure to comply with the notice after that time is a criminal offence, and the person could be prosecuted.
Further information and guidance can be found on the website of the Department for the Environment, Food and Rural Affairs (Defra).
There is nothing to stop this but remember amplified sound and/or a live band will increase the chances of causing a noise disturbance to your neighbours.
Generally speaking, we do not encourage live, amplified music at private homes as most homes in Oadby, Wigston and South Wigston are very close to others and there is a good chance that the noise will cause a disturbance.
We strongly advise that you finish at a time that neighbours will consider reasonable.
Again there is nothing to stop this but the longer noise is made, the greater is the chance that you could cause a statutory nuisance and that your neighbours will have a genuine complaint.
If you must have a number of parties over two or more days, you should make extra sure that your neighbours are prepared for this and agree with them acceptable finish times. These times might be earlier than you would like, but where people live close together and are easily affected by activities at someone else’s home, you do need to show consideration and courtesy.
Fireworks are inherently dangerous explosives and need to be used with extreme care.
Always follow the safety advice on the instructions.
Your garden should be sufficiently large to enable guests to stand well away from the lighting area and it is not a good idea for someone under the influence of alcohol to light them.
There are also time restrictions when the law allows fireworks to be lit.
Visit our fireworks page for more advice about using fireworks safely and within the law.
There are no specific restrictions or times that relate to parties in private homes. However the police can take action if you or your guests cause a disturbance and the council can take action if the noise from the party causes a nuisance.
A nuisance can occur at any time but is more likely to cause disturbance to others at night..
See our information on statutory nuisance for more details of what the council can do.
|2011 October 10||26 Oct 2011||Noise pollution|
Last updated: Friday, 15 December 2017 11:56 am