What is Section 82 of the Environmental Protection Act 1990?
Section 82 of the Environmental protection Act 1990 allows a Magistrates’ court to act on a complaint made by any person on the grounds that he is aggrieved by a statutory nuisance. Nuisances may include noise (including barking dogs), fumes, dust, smells and smoke.
What is Section 79 Environmental Protection Act?
Statutory nuisance is defined in section 79 of the Environmental Protection Act 1990 (EPA 1990). The Act contains a specific list of matters that amount to statutory nuisances and a more general category comprising ‘any other matter declared by any enactment to be a statutory nuisance’.
What’s a section 82?
Section 82 as a means for a person (including a company) to take statutory nuisance proceedings in his or her own right – the aim is to obtain an abatement order – no need to serve an abatement notice – criminal proceedings – initial warning – the terms of an abatement order – a fine – who should be the defendant? –
What is a statutory nuisance under the Environmental Protection Act 1990?
Councils must investigate complaints about issues that could be a ‘statutory nuisance’ (a nuisance covered by the Environmental Protection Act 1990 ). If they agree that a statutory nuisance is happening, has happened or will happen in the future, councils must serve an abatement notice (usually on the person responsible).
Who is responsible for dealing with noise pollution?
Local authorities have a duty to deal with statutory nuisances under the Environmental Protection Act 1990. For noise to amount to a statutory nuisance, it must be “prejudicial to health or a nuisance” – see section 79 (1) (g) and (ga) of the 1990 Act.
When does noise count as a statutory nuisance?
For the noise to count as a statutory nuisance it must do one of the following: unreasonably and substantially interfere with the use or enjoyment of a home or other premises If they agree that a statutory nuisance is happening or will happen in the future, councils must serve an abatement notice.
Is there any legislation on noise pollution in the UK?
The UK does not have a consolidated body of legislation on noise pollution. You’ll find some selected pieces of legislation that deal with noise pollution on the Law Search page. Can I get public funding if I decide to take legal action?
