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 nuisance had been entirely recast by the 1990 Act. The new definition of nuisance had exceptions, and was complete.
Judges:
Scott Baker LJ, Pitchford J
Citations:
Times 09-Jun-2003, Gazette 10-Jul-2003, [2003] EWHC 1197 (Admin), [2003] 3 WLR 1243, [2004] QB 212
Links:
Statutes:
Environmental Protection Act 1990 79(1)(d) 80(1)
Jurisdiction:
England and Wales
Citing:
Not binding – Regina v Parlby 1889
Sewage works could not be treated as ‘premises’ under the section. ‘The very magnitude of the authority conferred upon justices by the sections under consideration affords a powerful argument that they are intended for ordinary and comparatively . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 03 November 2022; Ref: scu.183838
