Manley and Another v New Forest District Council: Admn 6 Nov 2007

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 in force at the time of the issue of the notice. The appeal was on the facts alone and failed.
Moses LJ, Jackson J
[2007] EWHC 3188 (Admin)
Environmental Protection Act 1990 79 80, Statutory Nuisance (Appeals) Regulations 1995
England and Wales
CitedSaddleworth Urban District Council v Aggregate and Sand Ltd 1970
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These lists may be incomplete.
Updated: 21 February 2021; Ref: scu.271178