Environmental nuisance

Residents should support each other; sometimes operators do not realise just how many people are affected by the nuisance they cause.

Residents should also contact the regulator of the company usually the Environment Agency or Local Authority so that they are aware of the nuisance.

Fortunately, the law recognises that property owners or those in rightful possession of the land have the right to enjoy their property.

The remedy for nuisance is commonly compensation to recognise the interference and disruption suffered in the past.  We also consider injunctions or abatement in certain circumstances to prevent the nuisance from occurring in the future.

Our clients often describe feeling angry and frustrated by the nuisance that they are experiencing. They feel stuck in a ‘David and Goliath’ situation whereby they feel helpless against the companies causing the nuisance.

Often it is not just one family who suffer but sometimes whole communities.  Our team helps groups of residents put a stop to environmental blight and nuisance and in appropriate cases seek compensation.

We have the ability and vast environmental law experience to stand and fight for our clients to get a solution.

If you and a group of your neighbours would like to discuss a nuisance problem which is bothering you, or if you would like more information in relation to pursuing a claim, contact us today for free, no obligation, advice.

We regularly encounter people who tell us that the nuisance stops them from opening their windows, from using their gardens as they would like and that it is embarrassing when they have visitors.

There are two main options available that we would recommend if you are suffering from a problem.

1. Make complaints The first step would be to make sure that the statutory regulator (this will be either the Environment Agency or your local authority) is aware that the site is causing you a nuisance. The Environment Agency has a dedicated hotline (0800 80 70 60) to make complaints about sites that it regulates; your local authority will have an Environmental Health (or similar) department that you can contact. The regulator has a duty to record all complaints and follow them up, but of course, they do not know that there is a problem unless a complaint is made to them. Even if the nuisance is notorious in your community, it is very important that you continue to make complaints whenever you notice the problem and no matter how intense the nuisance is, or how long it lasts. The complaint record is a very important piece of evidence, as the more complaints that are made, the greater the chances of being able to demonstrate its extent.
2. Keep a nuisance diary Another way of demonstrating the nuisance is to keep a nuisance diary, recording the date, time and duration of the nuisance. It can also be helpful to record the weather conditions at the time. The Environment Agency or local authority may provide you with nuisance diary sheets for you to complete, but simply keeping a notebook to hand suffices just as well. Keeping a note of the nuisance as it happens is another good way of demonstrating that the extent of the nuisance. If you send it to the regulator or to anybody else, remember to keep a copy of it.

If you have been experiencing this nuisance, it is possible that some of your neighbours have too. We would suggest that you speak to your neighbours and encourage them to also carry out the actions above. If your neighbours have experienced the same nuisance, we suggest you nominate a spokesperson and contact us to see if we can help.

We realise that it can feel like a ‘David v Goliath’ scenario when you and your neighbours are up against a corporation that is causing you problems. The nuisance can often be addressed by way of a civil group action, and this operates independently of any investigation that the Environment Agency or local authority may be carried out.

Hugh James has dealt with many cases of environmental pollution, representing thousands of residents in communities up and down the country. If you believe that you and others are suffering from a nuisance from a local site, please complete the enquiry form at the side of this page with as much information as possible so that we may investigate it on your behalf.

Hugh James environmental solicitors have helped thousands of families across the UK take legal action against businesses causing environmental blight and nuisance.

We appreciate that it is often difficult to fund legal actions and so when possible and appropriate our environmental solicitors are able to offer free initial specialist environmental law advice about starting a legal challenge against those responsible for environmental nuisances.

In some cases, we can arrange to deal with appropriate environmental claims on a no win, no fee basis.