The following Corporate Crime practice note Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building provides comprehensive and up to date legal information covering:
A local authority has a duty to inspect its area from time to time for any statutory nuisances, and where a complaint of a statutory nuisance is made to them by a person living in its area, it must take such steps as are reasonably practicable to investigate the complaint.
A statutory nuisance may arise from matters which include any of the following which is or is likely to be ‘prejudicial to health’, or a nuisance:
the physical state of a premises
smoke, fumes or gases emitted from premises, vehicle, machinery or equipment in a street
dust, steam, odours from a business, industrial or trade premises
rubbish or any accumulation or deposited material
noise emitted from any premises, vehicle, machinery or equipment in the street
For more information on the above, see Practice Note: Statutory nuisance.
A statutory nuisance may also be abated, restricted or prevented by a nuisance order of the magistrates’ court pursuant to proceedings issued by a person aggrieved. This is considered in Practice Note: Statutory nuisance.
Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice (a different duty applies where the statutory nuisance falls under section 79(1)(g) of the Environmental Protection Act 1990 (EPA 1990). For more information, see Practice Note:
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