Section 82(10)

The defence under subsection (9) above is not available— in the case of a nuisance falling within paragraph (a), (d), (e), (f) , (fa) or (g) of section 79(1) above except where the nuisance arises on industrial, trade or business premises; in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where— the artificial light is emitted from industrial, trade or business premises, or the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility; in the case of a nuisance falling within paragraph (ga) of section 79(1) above except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes; in the case of a nuisance falling within paragraph (b) of section 79(1) above except where the smoke is emitted from a chimney; in the case of a nuisance falling within paragraph (c) or (h) of section 79(1) above; and in the case of a nuisance which is such as to render the premises unfit for human habitation.

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Source: legislation.gov.uk · retrieved 2026-07-30