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 detection of smoke which constituted the offence.
Judges:
Kennedy LJ, Butterfield J
Citations:
Gazette 05-May-2000, Times 19-Apr-2000, [2000] EWHC Admin 319
Links:
Statutes:
Environmental Protection Act 1990 79(1)(b)
Jurisdiction:
England and Wales
Environment, Nuisance
Updated: 19 May 2022; Ref: scu.81047