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 magistrates’ or crown court hearing. The notice properly did not say what works were required, since the land owner might choose to abate it in several ways.
Judges:
Lord Justice Simon Brown And Mr Justice Mance
Citations:
Times 13-Feb-1998, Gazette 11-Feb-1998, [1998] EWHC Admin 92
Links:
Statutes:
Environmental Protection Act 1990 80(1)
Citing:
Appealed to – Surrey Free Inns v Gosport Borough Council CA 12-Jun-1998
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 . .
Cited – Millard v Wastall 1898
The emission of black smoke from a factory chimney was a nuisance.
Held: When considering an order for the abatement of a nuisance, if the Justices considered it was necessary for things to be done to abate the nuisance, they had normally to . .
Cited – McGillivray v Stephenson 1950
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 . .
Cited – Regina v Fenny Stratford Justices ex parte Watney Mann Ltd 1976
An order had been made to abate a nuisance caused by loud noise from a juke box. The abatement notice as served required that the nuisance be abated ‘and the level of noise in [the premises] shall not exceed 70dB(A)’.
Held: The words quoted . .
Cited – Network Housing Association Ltd v Westminster City Council QBD 7-Nov-1994
An abatement notice was addressed by the respondent city council to freehold owners of tenanted premises, in respect of a noise source which it was out of their power to stop. This was noise from perfectly normal everyday living, which reached one . .
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 by:
Cited – Surrey Free Inns v Gosport Borough Council CA 12-Jun-1998
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 . .
Lists of cited by and citing cases may be incomplete.
Environment, Nuisance
Updated: 27 May 2022; Ref: scu.138213