Court Summonses Information Sheet
Section 82, Environmental Protection Act 1990


This sheet details the steps that must be followed by individuals affected by statutory nuisances who wish to take their own action at the Isle of Wight Magistrates Court.

A statutory nuisance is one of the following:

  • any premises in such a state as to be prejudicial to health or a nuisance
  • smoke emitted from premises so as to be prejudicial to health or a nuisance
  • fumes or gasses emitted from premises so as to be prejudicial to health or a nuisance
  • any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance
  • any accumulation or deposit which is prejudicial to health or a nuisance
  • any animal kept in such a place or manner so as to be prejudicial to health or a nuisance
  • noise emitted from premises so as to be prejudicial to health or a nuisance
  • noise that is prejudicial to health or a nuisance that is caused by a vehicle, machinery or equipment in a street

You may take action against

  • The person responsible for the nuisance
  • The owner or occupier of the premises where the nuisance is caused by a structural defect
  • The owner or occupier of the premises if the person responsible for the nuisance cannot be found
  • The person responsible for the vehicle, machinery or equipment if the nuisance is caused by noise from them

Before you take action any court action you must send a written notice to the person concerned, telling him, her or them that you are intending to take court action. You must also specify in that notice the statutory nuisance you say has occurred, is occurring or is likely to recur. You should keep a copy of this notice and any evidence of delivery to the person concerned.

For all statutory nuisances after twenty-one days of sending the notice (except those involving noise where the time period is after three days) you may apply to the Isle of Wight Magistrates Court for a summons. You can make the application in writing or by attending the court office. The court is open at 09:15 am Monday to Friday. (If you wish to attend the court office to make your application you should telephone first on 524244, to ensure that a legal advisor will be able to see you.)

The address of the court is:

The Isle of Wight Magistrates Court
The Court House
Quay Street
Newport
Isle of Wight
PO30 5BB


When you make your application you must state what type of statutory nuisance you are complaining about and give the name and address of the person you wish to take action against. You should also provide a copy of the written notice you have sent; stating when you sent it and whom you sent it to. You should also take any evidence you possess of the alleged nuisance.

If a summons is issued you will receive three copies. The first is for you to keep. The second copy is for you to “serve” on the person you wish to take action against. You should serve this by first class post to the last known address of the person concerned. The third copy must be returned to the court, stating when and how you served the second copy of the summons on the relevant person.

You must attend court on the date shown on the summons. The person you are taking action against should also attend. If that person accepts that there is a statutory nuisance the court may be able to deal with the case that day. If not, the court will give you another hearing date and explain what you must do.

If the court decides that there is a statutory nuisance it can order the person concerned to stop the nuisance and to carry out any necessary work. You will also be able to claim your costs for bringing the matter to court. If the court decides that there is not a statutory nuisance then you may be ordered to pay the costs of the person you took action against. If you are unsure how to proceed you should seek legal advice.


22/October/2001



Page last updated on: 19/07/2006