A notice was served in 1983 under section 58 of the Control of Pollution Act 1974 requiring the abatement of a noise nuisance. That section was repealed by the Environmental Protection Act 1990, with effect from 1st January 1991, and a new procedure for statutory nuisance was substituted. On 25th January 1992, an information was … Continue reading Aitken v South Hams District Council: HL 8 Jul 1994
Citations: [1996] EWHC Admin 41 Statutes: Environmental Protection Act 1990 80(4), Control of Pollution Act 1974 60(8) Jurisdiction: England and Wales Citing: Cited – A Lambert Flat Management Ltd v Lomas 1981 The court considered the relationship between the appeals procedure provided for by the regulations and the ‘reasonable excuse for non-compliance’ provisions in s.58(1)(4) … Continue reading AMEC Building Limited and Squibb and Davies Limited v London Borough of Camden: Admn 19 Jul 1996
The court considered the relationship between the appeals procedure provided for by the regulations and the ‘reasonable excuse for non-compliance’ provisions in s.58(1)(4) of the statute. Held: Skinner J said: ‘I prefer to look at the scheme laid down in this Act and its associated Regulations. A comprehensive right of appeal is given by s.58(3) … Continue reading A Lambert Flat Management Ltd v Lomas: 1981
