The following will be considered by the Council when investigating an alleged statutory nuisance arising from dust, gas, or fumes:
- The nature of dust/fumes/gases
- The source and reason for emission
- The frequency and duration of release
- The reason for release
- The effects on the residents
- And the available remedies
Statutory nuisance of dust only applies to commercial sources of dust and does not include DIY. This could be work carried out by builders on a domestic property or work carried out on a commercial property.