Factors in determining a nuisance

• Does the problem affect a person's enjoyment and use of their property? The problem must be considerable, and not just because the person making the complaint is sensitive 
• Does the problem make it hard for somebody to enjoy a comfortable life? For example, does it stop them getting a good night's sleep? We have to take into account the time the noise occurs, the area in which you live and any precautions taken to minimise the disturbance
• Is the problem caused by a normal household activity, such as shutting doors or walking up and downstairs? If so, it's unlikely to count as a statutory nuisance
• Does the nuisance cross a boundary and affect somebody's enjoyment of their property? Visual eyesores like overgrown gardens do not count as statutory nuisances. However, officers may be able to deal with such problems informally 
• Does the problem occur regularly or is it continuous? Isolated problems, such as one-off parties or bonfires do not count as statutory nuisances unless they are extreme
• Is it unusual in the area where you live? If it is common, it is unlikely to count as a statutory nuisance
• If the problem stems from a trade or business, have they employed all best practicable means to minimise it?
• If the problem is light-related, does that light come from a transport premises or somewhere else with a high need for safety and security? If so, it does not count as a statutory nuisance
• Does it harm somebody's health?
• Is the problem stemming from crown property? Nuisance laws do not usually apply here
• Is the problem serious? We cannot take trivia into account when determining nuisance

Some examples

• Accumulations of refuse or rubbish must be considerable and pose some health threat such as the attraction of vermin 
• Smells must materially affect the comfortable enjoyment of a person's home. They must therefore be intrusive. Agricultural smells in a country location will not be considered a nuisance unless excessive (usually due to bad agricultural practices) 
• Noise in the street relates only to noise from car radios, car alarms, machinery and equipment in the street
• It is your basic right to enjoy your home peacefully, but there is no right to total silence