The council appealed by case stated against rejection of its claim of an asserted noise nuisance at the defendant’s paint factory. The magistrates had found that the notice had been served on the wrong (though related) company, and refused permission to alter the notice at trial.
Held: The appeal failed. The application to amend amounted to an admission that the defect was real and material. The Regulations did not include such a power, and it would be wrong now to consider an argument not faced by the magistrates. The council had also proceeded despite evidence that any nuisance had been abated.
Judges:
Charles J
Citations:
[2008] EWHC 3295 (Admin)
Links:
Statutes:
Environmental Protection Act 1990, Statutory Nuisance (Appeals) Regulations 1995
Citing:
Applied – City of Bradford Metropolitan District Council v Booth Admn 10-May-2000
Lord Bingham set out guidance in respect of costs awarded by magistrates pursuant to section 64(1) of the 1980 Act, saying: ‘I would accordingly hold that the proper approach to questions of this kind can for convenience be summarised in three . .
Lists of cited by and citing cases may be incomplete.
Environment, Magistrates
Updated: 23 July 2022; Ref: scu.293940