To fall within the definition of statutory nuisance, an activity needs to be, or be likely to be:
a nuisance (ie it needs to unreasonably and substantially interfere with the use or enjoyment of a home or other premises), or
harmful to health or likely to be harmful to health
An especially vulnerable person cannot claim statutory nuisance for an activity that would not ordinarily affect most people. However, if a nuisance that would affect the ordinary public has severe effects on particular people, the fact that they are more vulnerable than most will not prevent them from bringing a claim.