The court upheld a notice requiring a person to abate a nuisance constituting stinking pigs, which said ‘and for that purpose to remove the whole of the pigs from the premises, clear up the effect of their past presence, and cease for the future to allow the premises to be used for pig-keeping at all’. When making an order to abate a nuisance, the court must specify what is required to be done, but on appeal the quoted words were said to add nothing to the order.
Citations:
[1950] 1 All ER 942
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Wheatley 1885
If the magistrates think it necessary for things to be done to abate a nuisance they must specify them in their order. When failure to comply with an order will constitute a criminal offence this should cause no surprise. . .
Cited by:
Cited – Sterling Homes v Birmingham City Council QBD 1996
The operations of a mammoth press by an industrial operator in close proximity to a residential block of which Sterling were freehold owners, caused a nuisance. The city council served on Sterling (not on the neighbouring industrial operator) an . .
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 . .
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 . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 12 May 2022; Ref: scu.184803