The claimant sought judicial review of the decision to serve an abatement notice in respect of premises where the normal noise incidents of living were heard in neighbouring flats, which notices were to be abated by noise insulation.
Held: The contention that a lack of adequate sound insulation can cause premises to be in such a state as to be prejudicial to health for the purposes of s79 (1 )(a) is no longer sustainable following Everett and Oakley. The application was dismissed.
Judges:
Keene LJ, Poole J
Citations:
Times 23-Nov-2005, [2005] EWHC 2473 (Admin)
Links:
Statutes:
Environmental Protection Act 1990 80
Jurisdiction:
England and Wales
Citing:
Cited – Birmingham District Council v Kelly 1985
. .
Cited – Regina v Birmingham City Council ex parte Ferrero Ltd CA 1993
The case concerned the prohibition in respect of chocolate eggs containing plastic toys one of which had been swallowed by and choked to death a small boy, and a power in the interests of public safety to prohibit the sale of particular goods, which . .
Cited – Southwark London Borough Council v Mills/Tanner; Baxter v Camden London Borough Council HL 21-Oct-1999
Tenants of council flats with ineffective sound insulation argued that the landlord council was in breach of the covenant for quiet enjoyment in their tenancy agreements.
Held: A landlord’s duty to allow quiet enjoyment does not extend to a . .
Cited – London Borough of Southwark v Ince QBD 1989
Savile J: ‘I am not persuaded that because there is now the Control of Pollution Act and there was previously the Noise Abatement Act that therefore lends any support to the construction [that the Public Health Act 1936 did not apply to premises . .
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 – Birmingham City Council v Oakley HL 29-Nov-2000
When considering if premises fell within the section, and were ‘in such a state as to be prejudicial to health’, the court must consider some feature of the premises which was in itself prejudicial. An arrangement of rooms which was unsatisfactory . .
Cited – Regina v Bristol City Council ex parte Everett Admn 13-May-1998
The risk of an accident from a steep staircase to a disabled tenant was not a statutory nuisance. The possibility of an accident is not the same as a source of injury to health. Buxton LJ: ‘The limitation of the reach of this Statute to disease and . .
Cited – 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 . .
Cited – Haringey London Borough Council v Jowett QBD 27-Apr-1999
Traffic noise from outside a building could not found an allegation of statutory nuisance. A landlord could liable for a nuisance he allowed to continue even though the same condition applied when he acquired his interest. . .
Cited – Greater London Council v Tower Hamlets London Borough Council 1983
. .
Lists of cited by and citing cases may be incomplete.
Nuisance
Updated: 22 May 2022; Ref: scu.235204
