What is a statutory nuisance?
In making a judgement on whether the noise affecting you is just an inconvenience rather than a statutory nuisance. Reference has to be made to the duration, level and number of times in a set period that nuisance is caused. If, however, the noise were a one off such as a 40th Birthday Party for example, this is less likely to be viewed as a statutory nuisance.
There is no legal right to absolute silence in the UK and there are no legally set noise levels that constitute a nuisance (unlike levels for health and safety in the work place).
Everyone reacts differently to different noise levels, some may have a greater expectation of quiet than others. In determining whether noise is a statutory nuisance, a council officer has to consider if the noise affecting the complainant would similarly affect the 'average person'. They also have to consider case law: precedents set by the court rulings. Arrangements may also be made by officers to attend out of office hours where this is determined to be necessary.
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