Taking legal action yourself for a statutory nuisance

It is possible for you to take action yourself through the Magistrates Court under Section 82 of the Environmental Protection Act 1990.

Taking your own private action is straightforward. It need not be expensive and you do not require a solicitor, however, it is advisable to contact a solicitor before taking any legal action.

You will need to prove beyond reasonable doubt to the Magistrates' that the problem you are complaining of amounts to a statutory nuisance.

The diary sheets you have maintained will be important evidence in the case and any independent witnesses you can call to give evidence will prove very useful and will add weight to your claim.

You should initially write to the person concerned informing them that you believe they are causing a nuisance and giving them at least three days notice of your intention to apply to the Court for proceedings to be taken.

If the problem continues you should contact the Justices Clerk at The Magistrates Court Office, Regent's Pavilion, Summerhouse Road, Moulton Park, Northampton, NN3 6BJ or telephone (01604) 497000 and explain that you wish to make a complaint under Section 82 of the Environmental Protection Act 1990.