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SECTION 80, ENVIRONMENTAL PROTECTION ACT 1990

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SECTION 80, ENVIRONMENTAL PROTECTION ACT 1990

    SECTION 80, ENVIRONMENTAL PROTECTION ACT 1990

    Statutory Nuisance Abatement Notice

To:

Of:

    TAKE NOTICE that pursuant to the provisions of the Environmental Protection Act 1990, as amended, referred to in this Notice as “the Act”

(Your authority), referred to in this Notice as “the Council”

    Being satisfied of the existence of a statutory nuisance, as defined by section 79(1) of the Act, at (specify the land / premises), referred to in this Notice as the land, due to:

(specify the category and nature of the nuisance)

HEREBY REQUIRE YOU , as the occupier / owner / person responsible for the

    nuisance, to:

(specify form of abatement or works required - 80)

    *THIS is a notice to which paragraph 2 of regulation 3 of the Statutory Nuisance (Appeals) Regulations 1995 , as amended, applies and, in consequence, in the event of an appeal this Notice shall NOT be suspended until the appeal has been abandoned or decided by the Court as, in the opinion of the Council, the nuisance to which this Notice relates:

    ; is injurious to health, or*

    ; is likely to be of a limited duration such that suspension of the notice would

    render it of no practical effect, or*

    ; is such that the expenditure which would be incurred by any person in the

    carrying out of works in compliance with the abatement notice before any

    appeal has been decided would not be disproportionate to the public benefit

    to be expected in that period from such compliance.*

*Delete as appropriate

WARNING

    IF you contravene or fail to comply with any requirement of this Notice without reasonable excuse you may be guilty of an offence pursuant to section 80(4) of the Act and liable on summary conviction:

    i. For offences committed on industrial, trade or business premises to a fine not

    exceeding ?20,000.

    ii. In all other cases to a fine not exceeding ?5,000, together with a further fine

    of an amount equal to one-tenth of that level for each day on which the

    offence continues after the conviction.

    FURTHER, if you fail to comply with all or any of the requirements of this Notice, the

    Council may abate the nuisance and do whatever may be necessary in execution of the notice and recover from you the expenditure incurred. The Council may also take further proceedings in the High Court for securing the abatement, prohibition or restriction of the nuisance.

APPEAL

    You may appeal against this Notice to a magistrates’ court within the period of twenty-one days beginning with the date on which you were served with this Notice.

Your attention is drawn to the Notes to this Notice.

Date:

Signed:

(your authority’s details, including address and contact details)

    Appeals under Section 80(3) of the Environmental Protection Act 1990 (“the 1990 Act”)

    The Statutory Nuisance (Appeals) Regulations 1995, as amended, provide as follows:

    2.(1) The provisions of this regulation apply in relation to an appeal brought by any person under section 80(3) of the 1990 Act (appeals to magistrates) against an abatement notice served upon him by a local authority.

    (2) The grounds on which a person served with such a notice may appeal under section 80(3) are any one or more of the following grounds that are appropriate in the circumstances of the particular case

    (a) that the abatement notice is not justified by section 80 of the 1990 Act

    (summary proceedings for statutory nuisances);

    (b) that there has been some informality, defect or error in, or in connection

    with, the abatement notice, or in, or in connection with, any copy of the

    abatement notice served under section 80A(3) (certain notices in respect of

    vehicles, machinery or equipment);

    (c) that the authority have refused unreasonably to accept compliance with

    alternative requirements, or that the requirements of the abatement notice are

    otherwise unreasonable in character or extent, or are unnecessary;

    (d) that the time, or where more than one time is specified, any of the times,

    within which the requirements of the abatement notice are to be complied with

    is not reasonably sufficient for the purpose;

    (e) where the nuisance to which the notice relates

    (i) is a nuisance falling within section 79(1)(a), (d), (e), (f) , (fa) or (g) of

    the 1990 Act and arises on industrial, trade, or business premises, or

    (ii) is a nuisance falling within section 79(1)(b) of the 1990 Act and the

    smoke is emitted from a chimney, or

    (iii) is a nuisance falling within section 79(1)(ga) of the 1990 Act and is

    noise emitted from or caused by a vehicle, machinery or equipment

    being used for industrial, trade or business purposes,

    (iv)is a nuisance falling within section 79(1)(fb) of the 1990 Act and

    (aa) the artificial light is emitted from industrial, trade or

    business premises, or

    (bb) the artificial light (not being light to which sub-paragraph

    (aa) applies) is emitted by lights used for the purpose only of

    illuminating an outdoor relevant sports facility (within the

    meaning given by section 80(8A) of the 1990 Act)

    that the best practicable means were used to prevent, or to counteract the

    effects of, the nuisance;

    (f) that, in the case of a nuisance under section 79(1)(g) or (ga) of the 1990

    Act (noise emitted from premises), the requirements imposed by the

    abatement notice by virtue of section 80(1)(a) of the Act are more onerous

    than the requirements for the time being in force, in relation to the noise to

    which the notice relates, of

    (i) any notice served under section 60 or 66 of the 1974 Act (control of

    noise on construction sites and from certain premises), or

    (ii) any consent given under section 61 or 65 of the 1974 Act (consent

    for work on construction sites and consent for noise to exceed

    registered level in a noise abatement zone), or

    (iii) any determination made under section 67 of the 1974 Act (noise

    control of new buildings);

    (g) that, in the case of a nuisance under section 79(1)(ga) of the 1990 Act

    (noise emitted from or caused by vehicles, machinery or equipment), the

    requirements imposed by the abatement notice by virtue of section 80(1)(a) of

    the Act are more onerous than the requirements for the time being in force, in

    relation to the noise to which the notice relates, of any condition of a consent

    given under paragraph 1 of Schedule 2 to the 1993 Act (loudspeakers in

    streets or roads);

    (h) that the abatement notice should have been served on some person

    instead of the appellant, being

    (i) the person responsible for the nuisance, or

    (ii) the person responsible for the vehicle, machinery or equipment, or

    (iii) in the case of a nuisance arising from any defect of a structural

    character, the owner of the premises, or

    (iv) in the case where the person responsible for the nuisance cannot

    be found or the nuisance has not yet occurred, the owner or occupier

    of the premises.

    (i) that the abatement notice might lawfully have been served on some person

    instead of the appellant being

    (i) in the case where the appellant is the owner of the premises, the

    occupier of the premises, or

    (ii) in the case where the appellant is the occupier of the premises, the

    owner of the premises,

    and that it would have been equitable for it to have been so served;

    (j) that the abatement notice might lawfully have been served on some person

    in addition to the appellant, being

    (i) a person also responsible for the nuisance, or

    (ii) a person who is also owner of the premises, or

    (iii) a person who is also an occupier of the premises, or

    (iv) a person who is also the person responsible for the vehicle, machinery

    or equipment,

    and that it would have been equitable for it to have been so served.

    (3) If and so far as an appeal is based on the ground of some informality, defect or error in, or in connection with, the abatement notice, or in, or in connection with, any copy of the notice served under section 80A(3), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

    (4) Where the grounds upon which an appeal is brought include a ground specified in paragraph (2)(i) or (j) above, the appellant shall serve a copy of his notice of appeal on any other person referred to, and in the case of any appeal to which these regulations apply he may serve a copy of his notice of appeal on any other person having an estate or interest in the premises, vehicle, machinery or equipment in question.

(5) On the hearing of the appeal the court may

    (a) quash the abatement notice to which the appeal relates, or

    (b) vary the abatement notice in favour of the appellant in such manner as it

    thinks fit, or

    (c) dismiss the appeal;

    and an abatement notice that is varied under sub-paragraph (b) above shall

    be final and shall otherwise have effect, as so varied, as if it had been so

    made by the local authority.

    (6) Subject to paragraph (7) below, on the hearing of an appeal the court may make such order as it thinks fit

    (a) with respect to the person by whom any work is to be executed and the

    contribution to be made by any person towards the cost of the work, or

    (b) as to the proportions in which any expenses which may become

    recoverable by the authority under Part III of the 1990 Act are to be borne by

    the appellant and by any other person.

(7) In exercising its powers under paragraph (6) above the court

    (a) shall have regard, as between an owner and an occupier, to the terms and

    conditions, whether contractual or statutory, of any relevant tenancy and to

    the nature of the works required, and

    (b) shall be satisfied before it imposes any requirement thereunder on any

    person other than the appellant, that that person has received a copy of the

    notice of appeal in pursuance of paragraph (4) above.

SUSPENSION OF NOTICE

3. (1) Where

    (a) an appeal is brought against an abatement notice served under section 80

    or section 80A of the 1990 Act, and

    (b) either

    (i) compliance with the abatement notice would involve any person in

    expenditure on the carrying out of works before the hearing of the

    appeal, or

    (ii) in the case of a nuisance under section 79(1)(g) or (ga) of the 1990

    Act, the noise to which the abatement notice relates is noise

    necessarily caused in the course of the performance of some duty

    imposed by law on the appellant, and

    (c) either paragraph (2) does not apply, or it does apply but the requirements

    of paragraph (3) have not been met,

    the abatement notice shall be suspended until the appeal has been abandoned or decided by the court.

(2) This paragraph applies where

    (a) the nuisance to which the abatement notice relates

    (i) is injurious to health, or

    (ii) is likely to be of a limited duration such that suspension of the

    notice would render it of no practical effect, or

    (b) the expenditure which would be incurred by any person in the carrying out

    of works in compliance with the abatement notice before any appeal has been

    decided would not be disproportionate to the public benefit to be expected in

    that period from such compliance.

(3) Where paragraph (2) applies the abatement notice

    (a) shall include a statement that paragraph (2) applies, and that as a consequence it shall have effect notwithstanding any appeal to a magistrates’ court which has not been decided by the court, and

    (b) shall include a statement as to which of the grounds set out in paragraph (2) apply.

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