Q&As

In seeking to serve an abatement notice, pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990), is service effected, for the purposes of EPA 1990, s 160(2), by a local authority officer attending the property in question, the addressee not being present, but a non-resident friend coming out of the address and taking the letter from the officer?

read titleRead full title
Published on LexisPSL on 07/05/2021

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

  • In seeking to serve an abatement notice, pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990), is service effected, for the purposes of EPA 1990, s 160(2), by a local authority officer attending the property in question, the addressee not being present, but a non-resident friend coming out of the address and taking the letter from the officer?
  • Abatement notices
  • Serving an abatement notice
  • Appealing an abatement notice

In seeking to serve an abatement notice, pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990), is service effected, for the purposes of EPA 1990, s 160(2), by a local authority officer attending the property in question, the addressee not being present, but a non-resident friend coming out of the address and taking the letter from the officer?

Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice (section 80(2) of the Environmental Protection Act 1990 (EPA 1990)).

Abatement notices

In principle, a statutory nuisance need occur only once for an abatement notice to be served, provided the local authority is satisfied that it is likely to recur.

Subject to an exception in the case of certain statutory noise nuisances (in respect of which, see Practice Note: Noise nuisance offences), the abatement notice must be served on:

  1. the person responsible for the nuisance

  2. the owner of the premises where the nuisance arises from any defect of the structural character of the premises, or

  3. the owner or occupier of the premises where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred

Where more than one person is responsible, a notice may be

Related documents:

Popular documents