Taking your own action on nuisance

Under some circumstances we may not be able to take action i.e. lack of evidence, type of nuisance etc. If this is the case section 82 of the Environmental Protection Act 1990 allows people to take their own action against a person causing an alleged nuisance. Brief guidelines on what to do follow below, however, we would advise anyone thinking about doing this to also seek professional advice from a solicitor.

Once you have gathered evidence to support your case you should go to the local Magistrates' Court and explain to the court clerk that you wish to make a complaint under section 82 of the Environmental Protection Act 1990. You will need to be able to produce evidence to show that you have an arguable case.

The clerk will tell you that you must give three days written notice to the person responsible for the nuisance that you intend complaining direct to the Magistrates Court. Ensure that your records, and those of any other witnesses, are kept up to date and that these witnesses will support you in Court.

The clerk will set a hearing date and will serve a summons on the offender - there may be a fee for doing this.

In Court you will then be required to explain your case, produce your diary and any witnesses. The offender will be able to cross-examine you if he wishes.

If the Magistrates are convinced that you have a case, they will make an order requiring the nuisance to be abated, and prohibiting its recurrence. The Court can also impose a fine on the offender. If the order is ignored, you must keep further records and if necessary return to Court with your evidence.

Further details of the procedures involved are available from the clerk to your local Magistrate's Court. Please be aware that taking legal action may be expensive. If the case is dismissed you will normally incur your own costs and may incur the costs of the other party.