Statutory Nuisance versus Amenity Impact

There is difference between statutory nusance and impact upon amenity. A statutory nuisance is something that, under Environmental Protection legislation, affects a person's health or causes disturbance to them in their property to such an extent that it could affect their health. The fact that planning permission has been granted does not mean that the relevant activity becomes lawful as it is subject to separate statutory provisions. Nuisance from a planning perspective can broadly be defined as something that unreasonably affects somebody's use and enjoyment of their home and property. If someone has enjoyed an established level of amenity whether that be noise levels or privacy from their property then there is a reasonable expectation that they should continue to enjoy that level.