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 authorities, it was proper for the matter to go forward for a full appeal.
Judges:
Lord Justice Otton, Lord Justice Ward
Citations:
[1998] EWCA Civ 999
Statutes:
Environmental Protection Act 1990 18
Jurisdiction:
England and Wales
Citing:
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 . .
Adjourned to – SFI Group plc (formerly Surrey Free Inns plc) v Gosport Borough Council; Regina v Knightsbridge Crown Court ex p Cataldo CA 29-Mar-1999
When considering the facts of a notice served under the Act, the court must look to the situation at the time when the notice is served, and not at the time when the case or appeal came to be heard. The previous Act used different wordings. . .
Cited by:
Appealed to – 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 . .
Resumed from – SFI Group plc (formerly Surrey Free Inns plc) v Gosport Borough Council; Regina v Knightsbridge Crown Court ex p Cataldo CA 29-Mar-1999
When considering the facts of a notice served under the Act, the court must look to the situation at the time when the notice is served, and not at the time when the case or appeal came to be heard. The previous Act used different wordings. . .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 30 May 2022; Ref: scu.144478