Q&As

How can you appeal an abatement notice served for a statutory nuisance under section 80 of the Environmental Protection Act 1990?

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Published on LexisPSL on 01/11/2016

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • How can you appeal an abatement notice served for a statutory nuisance under section 80 of the Environmental Protection Act 1990?

How can you appeal an abatement notice served for a statutory nuisance under section 80 of the Environmental Protection Act 1990?

For the purposes of this Q&A we have assumed the appeal is against an abatement notice for statutory nuisance issued in the magistrates' court.

We refer you to Practice Note: Appealing an abatement notice for information on the process for appealing an abatement notice.

The recipient of an abatement notice can appeal the notice within 21 days of service. The day it is received is the first of the 21 days, so the person responsible must act quickly if they plan to appeal.

The permissible grounds of appeal are set out in the Statutory Nuisance (Appeals) Regulations 1995, SI 1995/2644. Grounds of appeal include:

  1. lack of justification for the notice, eg the activity does not constitute a statutory nuisance

  2. defect in the notice

  3. unreasonable time limits for compliance

  4. best practicable means to counteract the nuisance

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