Most nuisance claims we deal with relate to noise issues. Noise that causes unreasonable interference with the use and enjoyment of property. While there may be potential legal remedies via civil and/or statutory nuisance claims, problems can often also be addressed through effective enforcement and planning by local authorities.

Civil and statutory nuisance claims

Most types of noise nuisance can be addressed via either civil nuisance or statutory nuisance. It is important in such claims to appreciate that nuisance is not determined solely by reference to the intensity of the noise (measured in decibels) or by reference to recognised standards. Instead, the court will determine whether something is causing a nuisance by considering the locality, the purpose of the activity causing the noise, and the characteristics of the noise including its intensity, frequency and regularity. The primary evidence is usually from the people experiencing the noise (“hearts and minds”) but evidence is usually also obtained from an acoustic expert to provide some objective data to support the claim and to provide some context (for example indicating how the noise relates to other types of noise or recognised standards or guidelines). The Court will consider what would be expected to be the impact on a person with ordinary hearing – the test is objective. Similar approaches apply to other forms of nuisance.

There are some important exceptions: civil aviation is generally exempt from nuisance claims; so are projects which have statutory authority. Sometimes, claims can be made under the land Compensation Act 1973 for effect on value of property, or under human rights legislation. Problems can also be addressed in the planning context. Many planning permissions include noise conditions and where these are breached, the planning authority may be persuaded to take enforcement proceedings. But even if noise conditions are being complied with, the planning permission may have “got it wrong” such that a claim in nuisance can be made.