To fall within the definition of statutory nuisance, an activity needs to be, or be likely to be:
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a nuisance (ie it needs to unreasonably and substantially interfere with the use or enjoyment of a home or other premises), or
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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.