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Excessive dust caused by activities of commercial premises or building sites may result in a statutory nuisance with formal action required. Dust from domestic properties are not covered by statutory nuisance legislation.
Dust that is considered to cause a statutory nuisance is regarded as an offence under the Environmental Protection Act 1990.
The production of dust and how regular its production is may be determined as a statutory nuisance depending on the factors involved.
With one off events of dust that contribute to high amounts of dust may also be considered a statutory nuisance depending on any significant negative impacts on neighbours.
Though these activities are exempt from nuisance legislation, if dust is leaving the boundary of the premises the conditions of the permit are likely to be breached.
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