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:
A wide range of conduct (eg emission of smoke, fumes, dust etc), which was, in the past, subject to prosecution at common law for the offence of public nuisance, is now regulated by statute.
The key statute is the Environmental Protection Act 1990 (EPA 1990), in particular EPA 1990, Pt III and Sch 3 which relate to statutory nuisance. EPA 1990 provides a self-contained code, giving local authorities (eg district councils and London and other borough councils) and aggrieved individuals separate avenues of enforcement to abate and prevent statutory nuisances, as well as creating offences inter alia for contravening or failing to comply with those enforcement measures.
The regime is operated mainly by local authorities, which are under a duty:
to inspect their areas from time to time for any statutory nuisances
where a complaint of a statutory nuisance is made to them by a person living in its area, to take such steps as are reasonably practicable to investigate the complaint, and
where they are satisfied that a statutory notice exists or is likely to occur or recur, to serve an abatement notice (arguably, unless they have good grounds to consider that a ‘best practicable means’ (BPM) appeal would succeed)
A slightly different
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