Environmental Law 1 STATUTORY NUISANCE ENVIRONMENTAL PROTECTION ACT

Environmental Law 1 STATUTORY NUISANCE ENVIRONMENTAL PROTECTION ACT 1990 PART III

Statutory Nuisance 2 Duties of Local Authority Periodic Inspection s 79(1) EPA 1990 Required to take such steps as are reasonably practicable to investigate a complaint Service of Abatement Notice s 80(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 s 79(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 S 79(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] S 79(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 S 79(1)(g) Noise Neighbouring property Factors to consider = duration and time; nature of activity; harm suffered; neighbourhood Modified abatement notice provisions s 80 A 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 S 80(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 s 79(7) EPA 1990 Reasonable excuse S 80(4) Failure to comply = offence S 80(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