Statutory Nuisances occur when significant problems due to noise, odour, light (and other Statutory Nuisances) prevent the ‘average person’ from enjoying their home.
More detailed information about Statutory Nuisances is available on the Gov.uk website Statutory Nuisances (external link).
Therefore, if after completion, a future planning application has the potential to result in complaints about a Statutory Nuisance, we may ask for information at the planning stage. This would be to assess the potential problem, with the aim to prevent it from occurring.
For example, information requested might include a noise assessment for a new residential development that is going to be built close to a commercial premises such as a motor repair garage. Such a noise assessment might identify that noise from the garage could affect future occupiers and it might then recommend protective measures to prevent such noise from significantly disturbing them. The noise assessment might also feed into the design of the development so that for example, bedrooms and living rooms do not face the source of noise.
The Planning noise advice document has been produced by the Sussex Pollution Working Group and provides guidance about the conditions that may be applied to planning applications. These conditions are applied Sussex wide, including by Rother and Wealden District Council Planning Departments.
Similar to noise and depending on the planning proposal, conditions are frequently applied to prevent future occupants from being disturbed by odour, fumes, dust and other potential Statutory Nuisances. However, it should be noted that the use of such conditions is neither a guarantee that complaints about such issues won’t’ occur or that a Statutory Nuisance shan’t be identified following such complaints.