Search Results for: Environmental Protection Act 1990 79(1)

Click the case name for better results:

Broxbourne Borough Council, Regina (On the Application of) v North and East Hertfordshire Magistrates’ Court: Admn 3 Apr 2009

The council appealed against refusal of an abatement order in respect of a statutor nuisance by the defendant by artificial light. A veterinary surgeon had erected a light which stayed on all night but which was adjacent to a neighbour’s bedroom. A light of the sort recommended would have cost under a hundred pounds. Some … Continue reading Broxbourne Borough Council, Regina (On the Application of) v North and East Hertfordshire Magistrates’ Court: Admn 3 Apr 2009

Budd v Colchester Borough Council: CA 30 Jan 1997

The applicant sought leave to appeal against a decision confirming a noise abatement notice under the Act. He kept dogs, and neighbours had complained of the noise. He complained that the notice neither specified the nuisance complained of, nor stated what works were required to be undertaken to cure it. Held: There were competing decisions, … Continue reading Budd v Colchester Borough Council: CA 30 Jan 1997

Hounslow London Borough Council v Thames Water Utilities Ltd: Admn 23 May 2003

An abatement notice was served on the respondent in respect of the stink emanating from their sewage works. The magistrates decided that the workls did not constitute premises within the section, following Parlby. Held: Parlby was not binding, whiuch was limited to the Act under which the decision was made. The definition of a statutory … Continue reading Hounslow London Borough Council v Thames Water Utilities Ltd: Admn 23 May 2003

Hughes v Kingston Upon Hull City Council: QBD 9 Nov 1998

The Solicitors Practice Rules have the effect of law, and it is still improper to agree to pursue contentious proceedings on a contingency fee arrangement without specific statutory sanction, especially in criminal proceedings. An agreement for payment of legal fees on a contingency basis in a quasi-criminal matter (nuisance summons) remained unlawful, and a successful … Continue reading Hughes v Kingston Upon Hull City Council: QBD 9 Nov 1998

Regina v Bristol City Council ex parte Everett: Admn 13 May 1998

The risk of an accident from a steep staircase to a disabled tenant was not a statutory nuisance. The possibility of an accident is not the same as a source of injury to health. Buxton LJ: ‘The limitation of the reach of this Statute to disease and ill-health is too long standing and deep rooted … Continue reading Regina v Bristol City Council ex parte Everett: Admn 13 May 1998

Albert Manley, Jennifer Manley v New Forest District Council: Admn 29 Jul 1999

A house owner gained permission to run a dog kennel. It grew and eventually the authority served a notice claiming it to be a statutory nuisance because of the noise. The defendants appealed asserting they had used the ‘best practicable means’ to reduce the noise. Held: It was not within the section to require such … Continue reading Albert Manley, Jennifer Manley v New Forest District Council: Admn 29 Jul 1999

London Borough of Southwark v Venette Simpson: Admn 3 Nov 1998

It was not necessary for environmental health officers to possess medical qualifications to express opinion as to whether or not premises were prejudicial to health as defined by section 79(1)(a) of the Act. The council appealed a finding that premises constituted a statutory nuisance. Held: The parties had exchanged reports from environmental health officers. Their … Continue reading London Borough of Southwark v Venette Simpson: Admn 3 Nov 1998

Regina v Metropolitan Stipendiary Magistrate, Ex Parte Mahmed Ali: Admn 28 Apr 1997

The applicant sought an order declaring the property he occupied to be a nuisance, and that his landlords must execute repairs. The authority replied that the applicant had not allowed them access in order to carry out the works (Kerr). The stipendiary magistrate dismissed the application without giving reasons. The applicant argued that Kerr applied … Continue reading Regina v Metropolitan Stipendiary Magistrate, Ex Parte Mahmed Ali: Admn 28 Apr 1997

Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997

The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track. Held: The appeal succeeded. Magistrates refusing to state a case should give brief reasons … Continue reading Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council: CA 16 Apr 1997

Haringey London Borough Council v Jowett: QBD 27 Apr 1999

Traffic noise from outside a building could not found an allegation of statutory nuisance. A landlord could liable for a nuisance he allowed to continue even though the same condition applied when he acquired his interest. Citations: Times 20-May-1999, [1999] EWHC Admin 365, [1999] 32 HLR 308 Links: Bailii Statutes: Environmental Protection Act 1990 79(1)(a) … Continue reading Haringey London Borough Council v Jowett: QBD 27 Apr 1999

Griffiths v Pembrokeshire County Council: QBD 19 Apr 2000

A smoke nuisance can be established on the basis of the smell of smoke alone. It was not necessary to establish the presence of visible smoke. Smoke primarily means visible smoke, but even in common parlance can include the smell. The statutory definition included soot, ash, grit and gritty particles. The smell related to the … Continue reading Griffiths v Pembrokeshire County Council: QBD 19 Apr 2000

Cunningham v Birmingham City Council: Admn 6 May 1997

The council appealed against the finding that the complainant’s premises occupied under a tenancy of the council, constituted a statutory nuisance which they had a duty to abate. The claimant’s son was disabled and his condition involved behavioural problems. She said that the kitchen was, in view of his condition too small and dangerous in … Continue reading Cunningham v Birmingham City Council: Admn 6 May 1997

O’Toole v Knowlsey Metropolitan Borough Council: CA 21 May 1999

Where there was expert evidence about the condition of premises, but no evidence directly suggesting a threat to the health of the tenant, the magistrates could nonetheless find that the premises were in a condition prejudicial to health, and should follow the evidence available. Citations: Times 21-May-1999, Gazette 03-Jun-1999 Statutes: Environmental Protection Act 1990 79(1)(a) … Continue reading O’Toole v Knowlsey Metropolitan Borough Council: CA 21 May 1999

Hall v Kingston Upon Hull City Council and similar: QBD 9 Feb 1999

When serving notice of statutory nuisance upon a local authority, the tenant, having been told to notify the housing department could serve the notice there. The power to specify an alternative means of service is not limited to the Council Secretary. Citations: Times 09-Feb-1999 Statutes: Environmental Protection Act 1990 79(1) Local Government Updated: 08 April … Continue reading Hall v Kingston Upon Hull City Council and similar: QBD 9 Feb 1999

Birmingham City Council v Oakley: HL 29 Nov 2000

When considering if premises fell within the section, and were ‘in such a state as to be prejudicial to health’, the court must consider some feature of the premises which was in itself prejudicial. An arrangement of rooms which was unsatisfactory and might be considered insanitary did not fall within the provision. The risk of … Continue reading Birmingham City Council v Oakley: HL 29 Nov 2000

Lisa O’Toole v Knowsley Metropolitan Borough Council: Admn 18 May 1999

The respondent appealed by way of case stated a finding that a house was in the condition of being a statutory nuisance. They said that no evidence had been brought with regard to the health of the occupants or of any potential threat to health. Held: The evidence of the officers was capable of supporting … Continue reading Lisa O’Toole v Knowsley Metropolitan Borough Council: Admn 18 May 1999