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					  Environmental Law
                1

       STATUTORY NUISANCE
ENVIRONMENTAL PROTECTION ACT 1990
             PART III
                  Statutory Nuisance
                              2

 Duties of Local Authority
 Periodic Inspection s79(1) EPA 1990
 Required to take such steps as are reasonably
    practicable to investigate a complaint
   Service of Abatement Notice s80(1) EPA 1990
-   Statutory nuisance exists
-   Is likely to occur
-   Or recur
    R v Carrick District Council, ex p Shelley [1996]
                Statutory Nuisance
                             3

 List in S 79(1) EPA 1990
All of which to be a statutory nuisance must be
 ‘prejudicial to health or a nuisance’
 (a) any premises in such a state as to be
 (b) smoke emitted from premises so as to be
 (c) fumes or gases emitted from premises so as to be
 (d) any dust, steam, smell or other effluvia arising on
  industrial, trade or business premises and being
 (e) any accumulation or deposit which is
                   Statutory Nuisance
                                4

 (f) any animal kept in such a place or manner as to be
 (fa) any insects emanating from relevant industrial, trade
    or business premises and being
   (fb) artificial light emitted from premises so as to be
   (g) noise emitted from premises so as to be
   (ga) noise that is prejudicial to health or a nuisance and
    is emitted from or caused by a vehicle, machinery or
    equipment in a street
   (h) any other matter declared by any enactment to be a
    statutory nuisance
               Statutory Nuisance
                          5

Prejudicial to Health
defined in s79(7) EPA 1990 as
 injurious, or likely to cause injury, to health
 public health meaning (rather than personal injury)
  Rv Bristol City Council v Everett [1999] Confirmed
  in
  Birmingham City Council v Oakley HL [2000]
 Objective test
  Cunningham v Birmingham City Council [1997]
               Statutory Nuisance
                          6

Or a Nuisance
 (common law) an unreasonable interference with the
  use or enjoyment of neighbouring land/property
  National Coal Board v Thorne [1976]

 Personal discomfort
 Wivenhoe Port v Colchester BC [ 1985]
          Statutory Nuisance Examples
                               7

 S79(1)(a) Premises in such a state as to be prejudicial to
  health or a nuisance
  ie. Source of possible infection or disease or illness such
  as dampness, mould or dirt or evil-smelling
  accumulations or the presence of rats
  Birmingham City Council v Oakley [2000]
 S79(1)(e) ‘an accumulation of something which
  produces a threat to health in the sense of threat of
  disease, vermin or the like’. ( not personal injury)
  Coventry City Council v Cartwright [ 1975]
         Statutory Nuisance Examples
                            8

 A discharge of sewage on a beach
 R v Carrick DC ex p Shelley [1996]

 S 79(1)(f) Animals kept in such a place or such a
  manner as to be prejudicial to health or a nuisance
  Morrisey v Galer [1955] nuisances arising from
  premises in which animals were kept ie. insanitary or
  defective premises. Cf R v Waldon ex p Coton[1963]
 Noise from animals s 79(1)(g)
            Statutory Nuisance Examples
                               9

 S79(1)(g) Noise
 Neighbouring property
 Factors to consider = duration and time; nature of
    activity; harm suffered; neighbourhood
   Modified abatement notice provisions s 80A EPA 1990
   LA, as alternative, may take such steps as it considers
    appropriate for purpose of persuading person
    responsible to stop nuisance occurring or recurring
   More flexible and immediate response (7 days)
   After which period mandatory abatement notice
             Statutory Nuisance
                       10

S80(1) EPA 1990 Abatement Notice
 Abatement of nuisance
 Execution of Works
 Not always necessary to stipulate works
  Cambden LB Council v London Underground
  [2000]
 Person responsible s79(7) EPA 1990
 Reasonable excuse
S80(4) Failure to comply = offence
S80(7) Defence - Best Practicable Means
               Statutory Nuisance
                          11

 Appeals against Abatement Notice to Magistrates
  Court s 80(3) EPA 1990
 Grounds of Appeal - Statutory Nuisance (Appeals)
  Regulations 1995

 Individual Actions by Aggrieved Persons to
 Magistrates Court s 82 EPA 1990

				
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