Independently of the power of a local authority1 to abate a statutory nuisance2, any person aggrieved by a statutory nuisance may institute proceedings for an order requiring the abatement of the nuisance or the prohibition of its recurrence3. Such proceedings can be, and often are, brought against a local authority4. The proceedings are commenced by a complaint5. A complaint can only be made if the nuisance exists at the time that the complaint is made6. The provisions relating to abatement do not create a civil cause of action in respect of damage resulting from a statutory nuisance7.
Generally, the proceedings
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