In an article posted to this site entitled ‘Statutory Nuisance | Local Authority Duties’ explained the nature of the law relating to ‘Nuisance’ with particular regard to ‘statutory nuisance’, explaining the duties of a local authority under section 79 of the Environmental Protection Act 1990 (‘the Act’), when becoming aware of such a nuisance.
John Veale of Kangs Solicitors now explains how section 80 of the Act enables a local authority to issue an Abatement Notice and the consequences of failing to comply with it.
If you are subjected to any investigation or enforcement action by the Environment Agency or local authority or anticipate such action being taken, it is essential that you seek expert legal guidance immediately.
The team at Kangs Solicitors offers vast experience in handling investigations of all types including those involving the Environment Agency and local authorities.
Members of the team are ranked in the Legal 500 and also ranked in Chambers & Partners.
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Abatement Notices | Kangs Regulatory Team
Section 80 of the Act provides that:
- where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the area of the authority,
- it shall serve an Abatement Notice imposing requirements
- necessary for the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence and
- requiring the execution of such works, and the taking of such other steps, as may be necessary.
The Abatement Notice shall:
- specify the time or times within which its requirements are to be complied with,
- be served on the person responsible for the nuisance or
- where the nuisance arises from any defect of a structural character, on the owner of the premises or
- where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred shall be served on the owner or occupier of the premises.
A person served with an Abatement Notice can submit an appeal to the Magistrates’ Court within twenty one days, beginning with the date of service.
Breach of an Abatement Order| Kangs Abatement Notice Team
Section 80 of the Act also provides that:
- any person on whom an Abatement Notice is served, without reasonable excuse, contravenes or fails to comply with any requirement or prohibition imposed by it, shall be guilty of a summary offence punishable by an unlimited fine together with a further fine for each day on which the offence continues after conviction.
- A person who commits an offence on industrial, trade or business premises shall be liable on summary conviction to a fine.
In limited circumstances it may be a defence to prove that the best practicable means were used to prevent or to counteract the effects of, the nuisance.
How Can We Assist? | Kangs Environment Agency Solicitors
If you are approached by the Environment Agency or local authority in relation to any alleged statutory nuisance, or if you are subjected to any form of common law or statutory nuisance in respect of which you seek relief, the criminal defence and civil enforcement teams at Kangs Solicitors are here to assist you.
Please do not hesitate to contact our teams through any of the following: