Statutory Nuisance

Guiding you through each step, Statutory Nuisance takes you from initial assessment of a potential nuisance, through document drafting to the magistrates'court and beyond to the higher courts. Clear, readable and user friendly this book provides lucid explanation, practical guidance and the primary materials needed in court - all in one handy volume. Accessible to the layman, yet illuminating to the experienced practitioner, this title expresses a view on the issues not yet resolved by the courts.The new 4th edition covers the significant legislative changes such as:- The Anti-Social Behaviour, Crime and Policing Act 2014- Coventry v Lawrence [2014] - Lorna Grace Peires v Bickerton Aerodromes Ltd [2016] - Forster v The Secretary of State for Communities and Local Government [2016] - Cocking v Eacott [2016] This title is included in Bloomsbury Professional's Environmental Law online service. Foreword to the fourth edition Foreword to the first edition Preface Acknowledgements Table of statutes Table of statutory instruments Table of cases Chapter 1 Nature and Scope of Statutory Nuisance Introduction First limb: ‘prejudicial to health’ Second limb: nuisance Key considerations Development plans, supplementary planning documents and planning decisions The categories of statutory nuisance Some general points The contaminated land exception Chapter 2 Duties and Powers of Local Authorities Introduction The HRA 1998 The public sector equality duty The need to ensure proper delegation of powers The duty to inspect the area The duty to investigate complaints The duty to make environmental information available The duty to issue an abatement notice The power to take criminal proceedings The power to seek injunctions A duty to consult? Duties under the Regulation of Investigatory Powers Act 2000 Chapter 3 The Abatement Notice Introduction Authority to issue an abatement notice Underlying principle of simplicity Formalities What should be required? Should works or steps be required? Formulation of abatement notice: practical guidance Human Rights Act 1998 The ‘best practicable means’ defence Letters before notice Records of offers The courts’ power to quash or amend Statutory authority Recipient of the notice Noise from the street Unlawful shifting of the burden How should an abatement notice be served? Withdrawal of notices Chapter 4 Challenging an Abatement Notice Introduction Challenges by recipients Challenges by third parties Appealing an abatement notice The form of a complaint The time period for appealing an abatement notice Grounds of appeal Amending the grounds of appeal Pre-trial procedures Rules of evidence Order of evidence and speeches The standard of proof The burden of proof The relevant date Magistrates’ powers on appeal Powers of the magistrates to make orders against third parties Appeals to the Crown Court and to the High Court Chapter 5 Criminal Proceedings under EPA 1990, section 80 for Breaches of the Requirements of an Abatement Notice Introduction Elements of the offence The nature of the offence Categories of offence Starting criminal proceedings Pre-trial procedures Making prosecution evidence available to the defence Disclosure of expert evidence Application of the Police and Criminal Evidence Act 1984 Course of a summary trial Proving the offence ‘Reasonable excuse’ Submission of no case to answer Defence case Statutory defences Conviction and sentencing Challenges to decisions by the magistrates’ court Challenges to decisions by the Crown Court Chapter 6 Statutory Nuisance Proceedings Brought by an Individual Introduction Who can bring proceedings under section 82? How are proceedings started? Procedure at the hearing Defences to proceedings for an order under section 82(2) Penalties in proceedings under section 82(2): nuisance orders and fines Orders against a local authority which is not a defendant to the proceedings Costs in proceedings under section 82(2) Failure to comply with a nuisance order made under section 82(2) Chapter 7 Costs and Compensation Introduction Section 1 Civil proceedings: costs on an appeal against an abatement notice Section 2 Criminal proceedings: costs on a prosecution for failure to comply with an abatement notice or nuisance order Section 3 Costs on a private party’s action for a nuisance order under section 82 of the EPA Section 4 Common questions Section 5 Costs of a civil appeal to the High Court and a criminal appeal to the Divisional Court or Criminal Court of Appeal Section 6 Application for costs: evidence and procedure in the magistrates’ and Crown Court Section 7 Challenging a costs order Section 8 The Aarhus Convention and protection against prohibitive expense Section 9 Compensation and damages Chapter 8 Noise and Smell Noise: Introduction Quantification Background to technology Noise indices Qualitative factor adjustments Times and seasons Some important maximum levels BS 4142 industrial noises Smell Chapter 9 Other Powers Dealing with Problems Akin to Nuisance Introduction Condition of land adversely affecting the amenity of an area – Town and Country Planning Act 1990 section 215 Housing standards: Housing Act 2004 ‘Fly tipping’ – Environmental Protection Act 1990 section 59 Powers concerned with litter, rubbish and refuse Demolition waste – Building Act 1984 section 79 Abandoned vehicles: Refuse Disposal (Amenity) Act 1978 sections 2 and 3 Miscellaneous public health powers Night-time noise in dwellings: Noise Act 1996 Control of noise from construction and engineering works: Control of Pollution Act 1974 sections 60 and 61 Loudspeakers and street noise: Control of Pollution Act 1974 section 62 Audible intruder alarms Noise codes of practice: Control of Pollution Act 1974 section 71 Noise from vehicles Protection from Harassment Act 1997 Anti-social Behaviour Act 2003 and Anti-social Behaviour, Crime and Policing Act 2014 Chapter 10 Other Environmental Regimes Introduction Pollution Prevention and Control Act 1999 Radioactive Substances Act 1993 Contaminated land regime under EPA 1990 Part IIA Water pollution controls: Water Resources Act 1991 and Environmental Permitting (England and Wales) Regulations 2016 Waste management licensing under EPA 1990 Part II and the Permitting Regulations 2016 Clean Air Act 1993 Crown property Licensing Act 2003 Appendices – contents Appendix A Forms and draft notices Draft abatement notices: types I, II, III and IV Draft notice of proceedings under section 82 Court Forms (Magistrates’ Courts (Forms) Rules 1981) Form 98 Complaint Form 1 Information Pre-trial review standard form questionnaire Draft costs schedules Appendix B Material relating to statutory nuisance Environmental Protection Act 1990, ss 79–82, 84, 157–160, Sch 3 Statutory Nuisance (Appeals) Regulations 1995, SI 1995/2644, regs 1–3 Clean Air Act 1993, ss 3, 64 Control of Pollution Act 1974, ss 57–74, Sch 1 Noise Act 1996 Statutory Nuisances (Insects) Regulations 2006, SI 2006/770 Statutory Nuisances (Artificial Lighting) (Designation of Relevant Sports) (England) Order 2006, SI 2006/781 Appendix C Material relating to magistrates’ court, Crown Court and High Court proceedings Magistrates’ Courts Act 1980, ss 1–3, 8A–16, 32–34, 43–46, 51–57A, 63–64, 98, 101, 108–111, 123, 127, Sch 3 Magistrates’ Courts Rules 1981, SI 1981/552, rr 4, 14, 16, 34, 43, 99 Senior Courts Act 1981, s 48 Criminal Appeal Act 1968, s 50 Criminal Procedure Rules 2015, SI 2015/1490, Pts 1–3, 7, 24, 25, 34, 35 Appendix D Material relating to evidence Civil Evidence Act 1995, ss 1–16 Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999, SI 1999/681, rr 1–6 Police and Criminal Evidence Act 1984, ss 66, 67, 76, 78 Criminal Procedure Rules 2015, SI 2015/1490, Pts 15.1–15.5, 15.9, 16, 19, 20 Appendix E Material relating to sentencing and costs Courts Act 1971, s 52 Prosecution of Offences Act 1985, ss 16–21 Senior Courts Act 1981, s 52 Criminal Practice Directions 2015 Division VII, B1–B14 Criminal Practice Directions 2015 Division X, Pts 1–3, 4.1–4.2.8 Criminal Procedure Rules 2015, SI 2015/1490, Pt 45 Powers of the Criminal Courts (Sentencing) Act 2000, ss 130–134 Appendix F Human rights Human Rights Act 1998, ss 1–13, 19, 21, 22, Sch 1, Pt I, arts 2, 6, 7, 8, Pt II, art 1 Appendix G Miscellaneous statutory material Local Government (Miscellaneous Provisions) Act 1976, s 16 Environmental Information Regulations 2004, SI 2004/3391, regs 1–19 Appendix H Guidance relating to noise, smell, lighting, insects and parking PPG 24, Planning Policy Guidance: Planning and Noise, paras 1–27, Glossary, Annexes 1, 2, 5 WHO Environmental Health Criteria 12 Noise (1980) WHO Task Group on Environmental Health Criteria for Noise Noise – DEFRA Guidance on sections 69 to 81 and section 86 of the Clean Neighbourhoods and Environment Act 2005 WHO Guidelines for Community Noise Noise Policy Statement for England (NPSE) Environment Agency Additional Guidance for H4 Odour Management IAQM Guidance on the Assessment of Odour for Planning Statutory Nuisance from Insects and Artificial Light – DEFRA Guidance on sections 101 to 103 of the Clean Neighbourhoods and Environment Act 2005 Nuisance Parking Offences and Abandoned Vehicles – DEFRA Guidance Appendix I List of useful links Index "Guiding you through each step, Statutory Nuisance takes you from initial assessment of a potential nuisance, through document drafting to the magistrates' court and beyond to the higher courts. Clear, readable and user friendly this book provides lucid explanation, practical guidance and the primary materials needed in court - all in one handy volume. Accessible to the layman, yet illuminating to the experienced practitioner, this title expresses a view on the issues not yet resolved by the courts. The new 4th edition covers the significant legislative changes such as: - The Anti-Social Behaviour, Crime and Policing Act 2014 - Coventry v Lawrence [2014] - Lorna Grace Peires v Bickerton Aerodromes Ltd [2016] - Forster v The Secretary of State for Communities and Local Government [2016] - Cocking v Eacott [2016]."-- Provided by publisher