Appealing an abatement notice
Appealing an abatement notice

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Appealing an abatement notice
  • Statutory nuisance leading to abatement notice
  • When must an abatement notice be served?
  • Appealing an abatement notice
  • Defences
  • Appeal procedure

Statutory nuisance leading to abatement notice

A statutory nuisance is an activity which is or is likely to be:

  1. a nuisance, or

  2. prejudicial to health

It is the unacceptable interference with the personal comfort or amenity of neighbours or the nearby community. A nuisance is that which would ordinarily affect most people, rather than just the most vulnerable. However, if the nuisance affects most people but has a severe impact on particularly vulnerable people, they may bring a claim for statutory nuisance.

A local authority has a duty to investigate statutory nuisance but it is also open to the public to bring a statutory nuisance to the magistrates' court and request that an abatement notice be served.

A statutory nuisance may arise from:

  1. the physical state of a premises

  2. smoke, fumes or gases emitted from premises, vehicle, machinery or equipment in a street

  3. dust, steam, odours from a business, industrial or trade premises

  4. rubbish or any accumulation or deposited material

  5. noise emitted from any premises, vehicle, machinery or equipment in the street

The list of statutory nuisance is not limited to these as other activities may be declared a statutory nuisance. See Practice Note: Statutory nuisance.

The local authority, through an environmental health officer will investigate and apply the test to see whether the activity is a statutory nuisance. A number of