A breeding ground for troublesome activities

Those which may be relevant to port operations include:

1. physical state of premises, including land and vessels;

2. smoke from premises;

3. dust, steam, smell or other effluvia from industrial, trade or business premises;

4. any accumulation or deposit;

5. insects from industrial, trade or business premises;

6. artificial light from premises;

7. noise from premises; and

8. noise from a vehicle, machinery or equipment in the street.

In each case it is important to consider whether any other legal environmental regime may regulate the particular nuisance or matter prejudicial to health as well as, or instead of, the statutory nuisance regime.

There are a variety of such other regimes in the UK including those relating to contaminated land, pollution prevention and control, waste management, radioactive substances, water pollution, clean air and night time – and construction – noise controls.

There are also a number of specific exemptions to the statutory nuisance regime. The key ones for ports being artificial light from harbours and goods vehicle depots, which are regulated by specific acts and planning conditions, and noise from traffic (as opposed to individual vehicles).