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Statutory nuisance

Environmental Protection Act 1990 – Statutory Nuisance affecting residential properties only.

Section 79 lists potential statutory nuisances including smoke, dust, noise, odours, accumulations of waste and artificial light. BCC is required to investigate any such complaint and assess whether a statutory nuisance exists. If a nuisance does exist under Section 80, BCC will serve an abatement notice to prohibit or restrict the occurrence or recurrence of this nuisance, BCC can also require works to be carried out to abate the nuisance.

Under Section 82 a local resident can apply to a Magistrates Court on grounds that activities on site amount to a statutory nuisance.

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