Citations: [2019] ScotSC 11 Links: Bailii Statutes: Environmental Protection Act 1990 91(12) Jurisdiction: Scotland Local Government Updated: 28 June 2022; Ref: scu.636719
The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the … Continue reading Regina v Environmental Agency, ex parte Marchiori and Another: QBD 12 Apr 2001
A notice was given to the holder of a waste disposal licence to require certain information to be provided on pain of prosecution. The provision of such information could also then be evidence against the provider of the commission of a criminal offence. Held: Nevertheless, the provision of such information was required in this case, … Continue reading Regina v Hertfordshire County Council, ex parte Green Environmental Industries Ltd and Another: HL 17 Feb 2000
Europa European Communities – Institutions – Obligations – Duty to cooperate with national authorities acting to ensure respect for Community law – Implementation – Disclosure of documents and authorization of officials to give evidence – Legitimate grounds of refusal – Review by the Court The Community institutions’ duty of sincere cooperation with the judicial authorities … Continue reading Criminal Proceedings Against Zwartveld and Others: ECJ 13 Jul 1990
There was no protection against self-incrimination where information was properly required by the Waste Regulation Authority to carry out its duties. Citations: Times 09-Oct-1997, [1997] EWCA Civ 2279 Statutes: Environmental Protection Act 1990 71(2) Jurisdiction: England and Wales Cited by: Cited – C Plc and W v P and Secretary of State for the Home … Continue reading Regina v Hertfordshire County Council ex parte Green Environmental Industries Limited, Moynihan: CA 9 Oct 1997
Judges: Rose LJ, Holland J Citations: [2005] EWHC 633 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 33(1)(a) Jurisdiction: England and Wales Cited by: Cited – Skipaway Ltd v The Environment Agency Admn 5-May-2006 The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of … Continue reading Environment Agency v Armstrong Environmental Services Ltd: Admn 22 Mar 2005
The defendant company did not accept that it had accepted special waste at its disposal plant. Instead they claimed to have the appropriate licence or exemption. Held: The burden of establishing acceptance of special waste was not on the defendant ,on a balance of probabilities, but lay on the prosecution. In effect he was claiming … Continue reading Environment Agency v M E Foley Contractors ltd and Another: QBD 18 Jan 2002
The Agency had granted licences for the disposal of nuclear waste from military sites by a private company. Such disposals were not governed by the Euratom Treaty, which dealt with civil wastes only. The matter was generated in the course of the Trident nuclear weapons programme, the legality of which under international law, which the … Continue reading Regina (Marchiori and Another) v Environmental Agency: QBD 1 May 2001
Sympathetic construction of national legislation LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC Directive designed to protect companies and third parties from the adverse effects of the doctrine of nullity. … Continue reading Marleasing SA v La Comercial Internacional de Alimentacion SA: ECJ 13 Nov 1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was sought against the Secretary of State to restrain enforcement of that law pending a reference. The House … Continue reading Regina v Secretary of State for Transport, ex parte Factortame (No 2): HL 11 Oct 1990
The government planned to promote a large scale rail development (HS2), announcing this in a command paper. The main issues, in summary, were, first, whether it should have been preceded by strategic environmental assessment, under the relevant . .
Whether sentence correctly set at top of seriousness range in guidelines . .
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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
Citations: [2007] EWHC 2592 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 59 Jurisdiction: England and Wales Environment Updated: 06 December 2022; Ref: scu.261378
When considering the facts of a notice served under the Act, the court must look to the situation at the time when the notice is served, and not at the time when the case or appeal came to be heard. The previous Act used different wordings. Citations: Times 05-Apr-1999, [1999] EWCA Civ 1126 Statutes: Environmental … Continue reading SFI Group plc (formerly Surrey Free Inns plc) v Gosport Borough Council; Regina v Knightsbridge Crown Court ex p Cataldo: CA 29 Mar 1999
A steep staircase in a house which might lead to an accident was not because of that fact a statutory nuisance. It was not directly prejudicial to health as required by the Act for liability. Citations: Times 09-Mar-1999, Gazette 31-Mar-1999, Gazette 10-Mar-1999, [1999] EWCA Civ 869, [1999] 1 WLR 1170, (1999) 31 HLR 1102, [1999] … Continue reading Regina v Bristol City Council ex parte Everett: CA 26 Feb 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 any works were required. A local authority properly served a simple notice requiring … Continue reading Budd v Colchester Borough Council: CA 3 Mar 1999
Appeal from award of costs against the appellants Citations: [2010] Env LR D6, [2009] EWHC 886 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 59 Jurisdiction: England and Wales Environment, Costs Updated: 04 December 2022; Ref: scu.428350
The justices had concluded that the layout itself of premises was so unhygienic as to be ‘in a state prejudicial to health.’ The small toilets without a wash basin and next to the kitchen created a risk of cross-infection, and were a statutory nuisance. Citations: Times 08-Jan-1999 Statutes: Environmental Protection Act 1990 79 Jurisdiction: England … Continue reading Oakley v Birmingham City Council: QBD 8 Jan 1999
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate. Held: The Agency had been justified in allowing the application in the form presented. Nor had there been inadeqate disclosure. Everything which was required to be … Continue reading Edwards, Regina (on the application of) v Environment Agency: HL 16 Apr 2008
Appeal against abatement notice – noise from Alton Towers. Judges: Wilkie J Citations: [2007] EWHC 624 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 82 Jurisdiction: England and Wales Planning, Environment Updated: 19 November 2022; Ref: scu.250594
Judges: The Hon Mr Justice Turner Citations: [2022] EWHC 2709 (KB) Links: Bailii Statutes: Environmental Protection Act 1990 82 Jurisdiction: England and Wales Nuisance, Environment Updated: 17 November 2022; Ref: scu.682859
Sewage had escaped from the company’s facilities. They now sought judicial review of their conviction under the 1990 Act, saying there had been no ‘deposit’ of sewage. Held: The request for review failed: ‘the answer to the question whether the unintended escape of sewage amounted to a ‘deposit’ within s.33(1)(a) of the Act, is not … Continue reading Thames Water Utilities Ltd v Bromley Magistrates’ Court: Admn 20 Mar 2013
Citations: [2016] UKFTT NV – 2016 – 0007 Links: Bailii Statutes: Environmental Protection Act 1990 46 Jurisdiction: England and Wales Environment Updated: 14 November 2022; Ref: scu.644251
Judges: Lord Justice Pill Citations: [2009] EWCA Crim 217, [2009] Env LR 29, [2009] PTSR 1476 Links: Bailii Statutes: Environmental Protection Act 1990 Jurisdiction: England and Wales Crime, Environment Updated: 09 November 2022; Ref: scu.311785
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private … Continue reading Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay: CA 30 Jul 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
The claimant sought a judicial review of the decision to hold them responsible for necessary works of remediation. They were statutory successors to British Gas Corporation. Held: The legislation clearly attempted to hold the contaminator primarily responsible for works of remediation. Where the contaminating owner was no longer available to pay the cost, its successors … Continue reading National Grid Gas Plc, Regina (on the Application of) v The Environment Agency: Admn 17 May 2006
Judges: Lindsay J Citations: [2005] EWHC 657 (Admin), [2006] Env LR 3, [2005] JPL 1576, [2005] NPC 53, [2006] NPC 74 Links: Bailii Statutes: Environmental Protection Act 1990, Pollution Prevention and Control (England and Wales) Regulations 2000 Jurisdiction: England and Wales Cited by: Cited – Edwards and Another, Regina (on The Application of) v Environment … Continue reading Edwards, Regina (on the Application Of) v Environment Agency and others: Admn 19 Apr 2005
The defendant was a producer of controlled waste. It had left waste out for collection. The prosecutor appealed the acquittal of the defendant for failing to prevent escape of such waste. Held: The appeal failed. The prosecutor had to show that there had been a failure to take reasonable care to avoid the escape. A … Continue reading Camden v Mortgage Times Group Ltd: Admn 3 Jul 2006
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
A young man was injured in a motor-cycle accident and was taken to the defendant’s hospital. His father attended to him at his bedside for fourteen days, watching him deteriorate in health, fall into a coma and die. The father alleged that the staff of the hospital was negligent and that he suffered psychiatric illness. … Continue reading Sion v Hampstead Heath Authority: CA 1994
Judges: Mr Justice Wyn Williams Citations: [2010] EWHC 1419 (Admin), [2011] Env LR 3 Links: Bailii Statutes: Environmental Protection Act 1990 80 Jurisdiction: England and Wales Planning, Environment Updated: 23 October 2022; Ref: scu.431932
Citations: [2017] UKFTT NV – 2017 – 0015 Links: Bailii Statutes: Environmental Protection Act 1990 46 Jurisdiction: England and Wales Local Government Updated: 12 October 2022; Ref: scu.644320
Trustees sought guidance from the court as to investment in land which might become a liability because of clean up costs associated with the Act when it came into force. Would the trustees have a lien over other property of the deceased to pay the costs? Held: A trustee has a lien over the trust … Continue reading X v A, B, C: ChD 29 Mar 2000
Citations: [2020] UKFTT NV – 2020 – 0004 Links: Bailii Statutes: Environmental Protection Act 1990 46 Jurisdiction: England and Wales Environment, Local Government Updated: 27 September 2022; Ref: scu.657232
Citations: [2020] UKFTT NV – 2020 – 0007 Links: Bailii Statutes: Environmental Protection Act 1990 Jurisdiction: England and Wales Local Government Updated: 23 September 2022; Ref: scu.657236
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
The respondent issued a guidance note as to the practice of rendering. The applicants sought a review of the notice. The notice imposed a boundary outside of which rendering smells should not be apparent. The statute required guidance to bear in mind the need to balance best practice and excess cost. It was suggested that … Continue reading United Kingdom Renderers Association Ltd and Another v Secretary of State for the Environment Transport and Regions: CA 23 May 2002
Citations: [2017] UKFTT NV – 2016 – 0013 Links: Bailii Statutes: Environmental Protection Act 1990 Jurisdiction: England and Wales Environment Updated: 27 August 2022; Ref: scu.644271
The defendant appealed against an order for costs made against her after service and enforcement of an abatement notice with respect to an audible intruder alarm at her premises. She had first lodged an appeal to the Crown Court, but argued that having abandoned it more than three days before the hearing it had been … Continue reading Wilson v Ashford Borough Council: Admn 9 Mar 2010
The appellant challenged an order to pay over andpound;18,000 costs after losing her complaint of statutory nuisance against the Parish Council. She had complained as to the noise coming from a playground. Held: She had brought the proceedings knowing of several reasons making her action inappropriate and unnecessary. However, she had followed proper procedures, the … Continue reading Bentley-Thomas v Winkfield Parish Council: Admn 5 Feb 2013
The complainant requested information from Stockport Metropolitan Borough Council in relation to its statutory responsibility for the collection and kennelling of stray dogs pursuant to Section 149 of the Environmental Protection Act 1990. Stockport Metropolitan Borough Council disclosed some on the requested information but stated the remainder was not held. During the Commissioner’s investigation the … Continue reading Stockport Metropolitan Borough Council (Local Government): ICO 21 Jun 2022
The defendants appealed by way of case stated against their convictions for noise nuisance for their husky kennels – ‘Howling Dog Kennels’. They said that it was impractical, both for animal welfare and cost reasons further to limit the noise. Held: It was for the defendants to have shown that the best practicable means were … Continue reading Manley and Another v New Forest District Council: Admn 6 Nov 2007
The company sought judicial review of the deceision by the respondent to issue an abatement notice. It said that under section 79 of the 1990 Act, such a notice fell within the term ‘summary proceedings’ and that therefore the consent of the secretary of State should first have been obtained. Held: The notice did not … Continue reading Ethos Recycling Ltd v Barking and Dagenham Magistrates Court: Admn 13 Nov 2009
The prosecutor (for the local authority) appealed against a termination of the prosecution as an abuse of process. Held: The Magistrates were wrong to have found that the prosecution was an abuse of process. Though, the prosecuting local authority’s waste management enforcement policy allowed for courses of action other than prosecution, it was for the … Continue reading Wandsworth v Rashid: Admn 10 Jun 2009
The claimants appealed against the upholding of noise abatement notices. It ran motor sport related events on a former airfield. Judges: Silber J Citations: [2009] EWHC 1805 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 79(1)(g) Planning, Environment Updated: 30 July 2022; Ref: scu.349090
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
The council appealed by case stated against rejection of its claim of an asserted noise nuisance at the defendant’s paint factory. The magistrates had found that the notice had been served on the wrong (though related) company, and refused permission to alter the notice at trial. Held: The appeal failed. The application to amend amounted … Continue reading Waveney District Council v Lowestoft (North East Suffolk) Magistrates’ Court and Another: Admn 25 Nov 2008
Citations: [2009] EWHC 2823 (Admin), [2010] 1 Cr App R 22 Links: Bailii Statutes: Environmental Protection Act 1990, Water Resources Act 1991 Jurisdiction: England and Wales Crime, Environment Updated: 22 July 2022; Ref: scu.377896
The company appealed a notice requiring them to abate noise. They failed, but the effect was to extend the time for compliance by six months. The authority sought their costs since they had upheld the notice. Judges: Sir George Newman Citations: [2008] EWHC 2164 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 80 Jurisdiction: England … Continue reading Chiltern District Council, Regina (on the Application of) v Wren Davis Ltd: Admn 24 Jul 2008
Whether escapes of waste water from a public sewerage system are ‘Directive waste’ within the scope of the Waste Framework Directive, and thus subject to the enforcement authority of the Environment Agency under section 33 of the 1990 Act. Judges: Carnwath LJ, Bean J Citations: [2008] EWHC 1763 (Admin) Links: Bailii Statutes: Environmental Protection Act … Continue reading Thames Water Utilities Ltd, Regina (on the Application of) v Bromley Magistrates Court: Admn 28 Jul 2008
The defendant appealed convictions for breaches of its waste management licence, in that waste had been stored outside the edges of the storage bays. The defendant said that the material had not yet been stored, and that it had been deposited by neighbouring farmers and was to be stored properly during the working day. Held: … Continue reading Skipaway Ltd v The Environment Agency: Admn 5 May 2006
The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied. Held: Animal waste and clinical waste were properly distinguished, and the council had applied the correct guidance. The … Continue reading Regina v Daventry District Council ex parte Thornby Farms: Admn 28 Jul 2000
The parties were involved in a dispute as to repairs on a tenanted property. The court had ordered an independent surveyor’s report. The claimant objected to the use by the defendant of an employee for this purpose, and was involved in their claims investigation department. Held: The judge’s decision to exclude the evidence at an … Continue reading Field and Another v Leeds City Council: CA 8 Dec 1999
The Agency sought to impose liability on the appellant to remediate land which had been polluted by the appellant’s predecessor, the East Midlands Gas Board, claiming it to be a responsible as successor. Held: The appeal succeeded: ‘the appellant is plainly not, as a matter of ordinary language, a ‘person . . who caused or … Continue reading National Grid Gas Plc, Regina (on the Application of) v The Environment Agency: HL 27 Jun 2007
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
Citations: [2017] UKFTT NV – 2017 – 0005 Links: Bailii Statutes: Environmental Protection Act 1990 46 Jurisdiction: England and Wales Local Government Updated: 06 July 2022; Ref: scu.644290
A district judge does have jurisdiction to decide preliminary points of law. Citations: [2005] EWHC 1231 (Admin) Links: Bailii Statutes: Water Resources Act 1991, Environmental Protection Act 1990 Jurisdiction: England and Wales Magistrates Updated: 01 July 2022; Ref: scu.227057
Judges: McCombie J Citations: [2004] EWHC 1511 (Admin) Links: Bailii Statutes: Environmental Protection Act 1990 Jurisdiction: England and Wales Nuisance Updated: 01 July 2022; Ref: scu.226891
Environment Citations: [2017] UKFTT NV – 2017 – 0003 Links: Bailii Statutes: Environmental Protection Act 1990 46 Jurisdiction: England and Wales Local Government Updated: 30 June 2022; Ref: scu.644289
The Agency sought to prosecute the respondent for causing the tipping of waste on an unlicensed site. The defendant argued that since he had not actually been driving at the time, he was not responsible. The magistrates dismissed the case, and the Agency appealed by way of case stated. Held: The section did not require … Continue reading Environment Agency v Melland: QBD 11 Apr 2002
Environment Citations: [2017] UKFTT NV – 2017 – 0004 Links: Bailii Statutes: Environmental Protection Act 1990 46 Jurisdiction: England and Wales Local Government Updated: 18 June 2022; Ref: scu.644288
Environment Citations: [2017] UKFTT NV – 2017 – 0002 Links: Bailii Statutes: Environmental Protection Act 1990 46 Jurisdiction: England and Wales Environment, Local Government Updated: 18 June 2022; Ref: scu.644287
Where a company had gone into administration, it was not correct for a criminal prosecution under the Act to proceed without first getting the consent of the court or of the company’s administrator. Such proceedings constituted ‘other proceedings’ under the Insolvency Act. The divisional court was not bound by decisions of the Court of Session … Continue reading In Re Rhondda Waste Disposal Company Ltd (In Administration): ChD 13 Aug 1999
Two parties appealed against the grant of licences for plants for the disposal of animal carcasses. The plants would increase the amount of emissions into the environment. Held: An objective was different to a material consideration. An objective was something to be kept in mind at all stages of an assessment, and even when considering … Continue reading Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council: CA 22 Jan 2002
The Environment Agency had granted a licence for the incineration of waste, and this was challenged by the claimants, on the basis of the respondents having failed to comply with the procedures required by the Act and Regulations. The regulations included transitional procedures. They said the Agency had no standing under the Act to issue … Continue reading Furness and Others v Thames Water Services Ltd, Environment Agency: Admn 17 Dec 2001
The applicant burned Cemfuel in its Cement Works. The Agency changed the licence conditions to declare that Cemfuel was a hazardous waste. The issue was whether the recovery of Cemfuel from waste created a product no longer waste, and that process was complete by the time it came to be used by them. It was … Continue reading Regina v Environment Agency, ex parte Castle Cement Ltd: QBD 5 Apr 2001
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
This case is about who can bring a complaint of statutory nuisance in respect of premises. Such a claim must be, and can only be ‘made by any person on the ground that he is aggrieved by the existence of a statutory nuisance’. (section 82(1) of the Environmental Protection Act 1990 (the 1990 Act)). The … Continue reading Watkins v Aged Merchant Seamen’s Homes: Admn 17 Apr 2018
A noise abatement notice had been served, and appealed to the magistrates. By the time the matter came before the Crown Court, the bar had been soundproofed. The question then was which was the applicable time. Held: In view of the contrasting authorities, it was proper for the matter to go forward for a full … Continue reading Surrey Free Inns v Gosport Borough Council: CA 12 Jun 1998
Citations: [2002] EWCA Civ 61 Links: Bailii Statutes: Environmental Protection Act 1990 81(6) Jurisdiction: England and Wales Environment Updated: 29 May 2022; Ref: scu.216749
Citations: [2002] EWCA Civ 58 Links: Bailii Statutes: Environmental Protection Act 1990 Jurisdiction: England and Wales Planning, Environment Updated: 29 May 2022; Ref: scu.216751
Application for judicial review of the respondent’s decision to grant a certificate of lawful established use. The applicant submits that the respondent acted unlawfully because the person who made the successful application had been committing criminal offences under section 33(1)(a), (b) and (c) of the Environmental Protection Act 1990. Judges: Hooper J Citations: [2000] EWHC … Continue reading Regina v Epping Forest District Council, ex parte Philcox (2): Admn 13 Apr 2000
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
Although in this particular section, the agent collecting a rack rent, was not named as being a person upon whom a nuisance notice could be served, the undefined item should be construed to be consistent with the whole series of Acts of which it formed part, and where the term was so defined. Citations: Times … Continue reading London Borough of Camden v Gunby: Admn 5 Jul 1999
The claimant appealed against rejection of her claim that the house of which she was tenant was in such a condition as to be prejudicial to health. Citations: [1999] EWHC Admin 593 Links: Bailii Statutes: Environmental Protection Act 1990 82 Jurisdiction: England and Wales Housing Updated: 28 May 2022; Ref: scu.139857
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
A watercourse for the purpose of the Act was only a limited area of water and could not include a river or an estuary. An authority serving an abatement notice in respect of sewerage discharges, was not under a duty to consult first with the water company, but should do so if it had raised … Continue reading Falmouth and Truro Health Authority v South West Water Services: Admn 23 Apr 1999
Judges: Kennedy LJ, Mithell J Citations: [1999] EWHC Admin 356 Links: Bailii Statutes: Environmental Protection Act 1990 Crime Updated: 28 May 2022; Ref: scu.139620
The authority appealed the dismissal of a charge against the defendant rabbi on six counts of nuisance for noise of shouting clapping and stamping emanating from the synagogue to the annoyance of a neighbour. Held: The court was not obliged to accept the evidence of a witness, and did not have to accept that of … Continue reading Hackney London Borough Council v Rottenberg: QBD 24 Jan 2007
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
On a trial of genetically modified seeds, the Secretary of State was not irrational to rely on a report, saying that the risk of cross pollination with a neighbour’s organic produce was small. However the failure to carry out replicated trials, made it not a proper or effective scientific test. The trial was subject to … Continue reading Regina v Secretary of State for the Environment Transport and the Regions and Another, ex parte Watson; Sharpes International Seeds Ltd and Another, Interveners: Admn 10 Jul 1998
The prosecutor appealed against the decision of magistrates to stay a prosecution as an abuse. Held: The decision of a prosecutor to prosecute remains his alone. Where no clear representations had been made that if certain works were carried out a prosecution would not follow, and the works were not carried out, the prosecution was … Continue reading Environment Agency v Stanford: Admn 30 Jun 1998
Citations: [1998] EWHC Admin 304 Links: Bailii Statutes: Environmental Protection Act 1990 79(1)(a) Environment Updated: 27 May 2022; Ref: scu.138425
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 date at which it was issued, and not at the later date of a … Continue reading Surrey Free Inns Plc v Gosport Borough Council: Admn 28 Jan 1998
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 respondents as owners of the rockface and wall and simply required them to … Continue reading Kirklees Metropolitan Council v Field; Thackray; Marsh and Wilson: Admn 31 Oct 1997
Citations: [2019] EWCA Crim 147 Links: Bailii Statutes: Environmental Protection Act 1990 59 Jurisdiction: England and Wales Crime Updated: 26 May 2022; Ref: scu.634180
Nuisance abatement notice must state whether nuisance alleged is contrary to public health or common law.Appeal against enforcement notice for ‘the crowing of cockerels and the chorus of waterfowl.’ Citations: Times 18-Nov-1997, [1997] EWHC Admin 639 Links: Bailii Statutes: Environmental Protection Act 1990 80 Environment Updated: 26 May 2022; Ref: scu.137584
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
Citations: [1997] EWHC Admin 145 Links: Bailii Statutes: Environmental Protection Act 1990 80 Nuisance, Magistrates, Costs Updated: 25 May 2022; Ref: scu.137090
Knowledge of deposit of controlled waste was necessary to bring the section into application. It was not sufficient simply to be aware of a breach of the licence. Citations: Times 28-Jan-1997, [1997] EWHC Admin 73 Links: Bailii Statutes: Environmental Protection Act 1990 33(1)(a) Environment Updated: 25 May 2022; Ref: scu.137018
The case concerns the criminal liability under the ‘duty of care’ provisions of section 34 of the 1990 Act, of a commercial freeholder of property who verbally contracted out renovations works on the property, including the removal and disposal of any waste, to an independent contractor who on two successive days in December 2009 disposed … Continue reading Mountpace Ltd v London Borough of Haringey: Admn 28 Mar 2012
The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation. Held: The contention that a lack of adequate sound insulation can cause premises to be in such … Continue reading Vella v London Borough of Lambeth: Admn 14 Nov 2005
Whether escapes of waste water from a public sewerage system are ‘Directive waste’ within the scope of the Waste Framework Directive, and thus subject to the enforcement authority of the Environment Agency under section 33 of the 1990 Act. Held: Sewage which escaped from a public sewer was controlled waste. Judges: Lord Justice Carnwarth and … Continue reading Thames Water Utilities Ltd, Regina (on the Application Of) v Water Services Regulation Authority: QBD 28 Jul 2008
The complainant requested information concerning any entry under the Control of Pollution Act 1974 and the Environmental Protection Act 1990 for a specified location. Sefton Council (the Council) charged a fee to respond to the complainant’s request. The Commissioner’s decision is that the Council breached the EIR in this case in that it levied a … Continue reading Sefton Metropolitan Borough Council (Decision Notice): ICO 27 Sep 2012
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
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
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