The emission of black smoke from a factory chimney was a nuisance.
Held: When considering an order for the abatement of a nuisance, if the Justices considered it was necessary for things to be done to abate the nuisance, they had normally to specify the works, but if the circumstances did not require that any works be done to abate the nuisance the Notice need not specify any such works. ‘Where any works are necessary to the abatement of a particular nuisance, and the notice calls upon the person responsible to do the necessary works, the notice must specify what those works are. But here the notice did not call upon the appellant to do any works at all; it simply required him to abstain from permitting black smoke to issue from his chimney. Nor in my judgment was the nuisance of such a nature as necessarily to require the execution of any works’.
Judges:
Day J, Lawrence J
Citations:
[1898] 1 QB 342
Cited by:
Cited – Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson Admn 31-Oct-1997
An abatement notice requiring works to be carried out must state clearly what works are required or considered necessary. There was an imminent danger of the collapse onto some cottages of a rockface and wall where the notice was addressed to the . .
Cited – Murdoch and Another v Glacier Metal Company Limited CA 19-Jan-1998
Excess noise by nearby factory above World Health Organisation level was not an actionable nuisance. It was a question for each factual situation. An allowance had to be made for the character of the neighbourhood. . .
Cited – Budd v Colchester Borough Council CA 3-Mar-1999
A nuisance notice, requiring a householder to remove a nuisance caused by barking dogs, need not specify the manner in which the nuisance was to be abated, or the degree of reduction which would be acceptable. There was no necessary implication that . .
Cited – Surrey Free Inns Plc v Gosport Borough Council Admn 28-Jan-1998
The local authority issued a noise nuisance abatement notice. By the time the matter came to the court, the nuisance had been abated.
Held: The background situation justifying the issue of a nuisance abatement notice was to be assessed at the . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 12 May 2022; Ref: scu.184802
