Section 79 of the Environmental Protection Act 1990 lists noise emitted from premises so as to be prejudicial to health or a nuisance, and separately noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street, as two distinct categories of statutory nuisance.

What counts as a statutory nuisance

Statutory nuisance is a specific legal concept under Part III of the Environmental Protection Act 1990, covering a defined list of issues including smoke, fumes, dust, smell, and noise, that must be either prejudicial to health or amount to a nuisance in the ordinary legal sense, generally understood as a substantial interference with someone’s reasonable use and enjoyment of their property. Noise from a waste site, and noise generated by skip operations more broadly, can fall within this framework depending on how it is caused and where it comes from.

Two separate noise categories

Section 79(1) sets out two relevant categories for waste and skip operations specifically. Paragraph (g) covers noise emitted from premises so as to be prejudicial to health or a nuisance, which is the category most relevant to a fixed waste transfer site, recycling centre or yard operating from a specific location. Paragraph (ga) separately covers noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street, which is the category most relevant to a skip lorry, grab lorry or collection vehicle operating on the public highway rather than from fixed premises.

What “prejudicial to health or a nuisance” actually means

The Act does not set a specific decibel threshold; instead, whether noise from a waste site or a skip operation qualifies as a statutory nuisance depends on an assessment of its actual effect, considering factors such as how loud it is, how long it lasts, when it occurs, and the character of the surrounding area. Noise that would be unremarkable next to an existing industrial estate can be treated differently in a residential street, which is part of why statutory nuisance assessments are fact-specific rather than based on a fixed numerical limit.

What is excluded

The Act specifically excludes certain sources from this part of the statutory nuisance regime, including noise caused by traffic, by the armed forces, and by political demonstrations, under a separate exemption in section 79. Noise from a stationary waste site, or from waste collection vehicles and equipment operating in a street outside the excluded categories, is not covered by this traffic exemption, so it remains within scope of the statutory nuisance provisions.

How a complaint is usually dealt with

A local authority has a duty to investigate a complaint that a statutory nuisance may exist, and where it is satisfied a nuisance exists, is occurring or is likely to recur, it can serve an abatement notice requiring the person responsible to stop or restrict the noise. Separately from council enforcement, an individual affected by a statutory nuisance also has the option of bringing their own complaint directly to a magistrates’ court, giving a route to redress that does not depend on the local authority acting first.

Why this matters for skip and waste operations

For a waste removal business, this means noise generated both at a fixed site and by vehicles and equipment operating on the street, such as a skip being dropped, loaded or exchanged, can potentially fall within the statutory nuisance framework if it is genuinely disruptive, which is a separate legal exposure from planning conditions or environmental permit conditions that might also apply to the same site or activity. For a neighbour or resident affected by ongoing noise from a nearby waste operation, the two-category structure under section 79 means the relevant complaint route can differ depending on whether the noise is coming from the site itself or from vehicles and equipment operating in the street outside it.

FAQs

Does noise from a skip lorry on the street count as a statutory nuisance?

It can, under the separate category in section 79(1)(ga) covering noise from a vehicle, machinery or equipment in a street, distinct from the premises-based category.

Is there a specific decibel limit that defines a statutory nuisance?

No. It depends on an assessment of the noise’s actual effect, considering loudness, duration, timing and the character of the area, rather than a fixed numerical threshold.

Who investigates a statutory nuisance noise complaint?

The local authority has a duty to investigate a complaint that a statutory nuisance may exist, and can serve an abatement notice if satisfied one exists.

Can I complain about noise nuisance without going through the council?

Yes. An individual affected can bring their own complaint directly to a magistrates’ court, separately from council enforcement.

Bottom line

Noise from a waste site can be a statutory nuisance under section 79(1)(g) of the Environmental Protection Act 1990, and noise from waste vehicles or equipment operating in a street falls under the separate category in section 79(1)(ga), both assessed on whether the noise is prejudicial to health or a genuine nuisance rather than against a fixed decibel limit. A local authority can investigate and serve an abatement notice, and an affected individual can also complain directly to a magistrates’ court. This is general information, not legal advice on a specific noise complaint; the local authority’s environmental health team can confirm how a particular situation is likely to be assessed.

Sources

This guide draws on the following primary sources, current as of 22 September 2026:

• legislation.gov.uk, “Environmental Protection Act 1990, section 79: Statutory nuisances and inspections therefor”

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