Appealing an abatement notice
Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building
Appealing an abatement notice

The following Corporate Crime guidance note Produced in partnership with Jeremy Phillips QC and Charles Forrest of Francis Taylor Building provides comprehensive and up to date legal information covering:

  • Appealing an abatement notice
  • Statutory nuisance leading to abatement notice
  • The abatement notice
  • Appealing an abatement notice
  • Evidence and burden and standard of proof
  • Best practicable means (‘BPM’)
  • Appeal court’s jurisdiction and powers
  • Costs
  • Onward appeal from the magistrates’ court

Statutory nuisance leading to abatement notice

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:

  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

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.

The abatement notice

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