Statutory Nuisance: Law and Practice

Statutory Nuisance: Law and Practice offers a comprehensive resource for practitioners in the legal and environmental health professions, guiding the reader through the complex practical and legal issues associated with statutory nuisance. It focuses on the problems that local authorities face in enforcing this area, as well as the issues facing those advising defendants. This title examines the role, powers, and duties of the local authorities, and the problems associated with drafting abatement notices and with the prosecution of nuisances. It also covers defences and proceedings brought by private individuals against neighbours and local authority landlords. The book analyses what happens in court, considering in detail the procedure and requirements in appeals against notices and in prosecutions, as well as the grounds for bringing further appeals and judicial review. It covers important recent decisions and key legislation. This new edition provides an update on the various types of statutory nuisance, additional chapters on new forms of statutory nuisance, and expanded material on adjacent areas of enforcement to statutory nuisance, notably those arising from the Anti-Social Behaviour agenda.

PART I: STRUCTURE AND BACKGROUND ; 1. Synopsis ; 2. The Regulatory Framework ; 3. The Historical Context of Statutory Nuisance and Public Health ; 4. The Concept of Statutory Nuisance ; PART II: THE SPECIFIC NUISANCES ; 5. Premises ; 6. Noise ; 7. Atmospheric Emissions ; 8. Animals ; 9. Accumulations and Deposits ; 10. Artificial Light ; 11. Insects ; 12. Miscellaneous Nuisances in Other Legislation ; PART III: PROCEDURE AND PRACTICE ; 13. The Impact of the Human Rights Act 1998 ; 14. Enforcement: Use of Abatement Notices ; 15. Appeals Against Abatement Notices ; 16. Offences and Prosecution for Breach of an Abatement Notice ; 17. Defences ; 18. Section 82 Proceedings ; 19. Other Remedies and Alternative Proceedings to the Abatement Notice Procedure ; 20. Overview of Evidential Issues and Preparation for the Court Hearing ; APPENDICES ; A. Part III Environmental Protection Act 1990 and relevant Schedules ; B. Statutory Nuisance (Appeals) Regulations 1995 ; C. Excerpts from other Acts, Noise Act 1996, Clean Air Act 1993, Housing Act 1996, Protection from Harassment Act 1997, Criminal Justice Act 2003, Clean Neighbourhoods and Environment Act 2005.