Statutory Nuisance (Appeals) Regulations 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/2276 |
1990 No. 2276
ENVIRONMENTAL PROTECTION
The Statutory Nuisance (Appeals) Regulations 1990
Made 13th November 1990
Laid before Parliament 21th November 1990
Coming into force 1st January 1991
The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by paragraph 1(4) of Schedule 3 to the Environmental Protection Act 19901, sections 70(2) and 104(1) of the Control of Pollution Act 19742and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Statutory Nuisance (Appeals) Regulations 1990 and shall come into force on 1st January 1991.
(2) In these Regulations—
“the 1974 Act” means the Control of Pollution Act 1974: and
“the 1990 Act” means the Environmental Protection Act 1990.
Appeals under section 80(3) of the 1990 Act
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 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)
(a) that the abatement notice is not justified by section 80(3) of the 1990 Act;
(b)
(b) that there has been some informality, defect or error in, or in connection with, the abatement notice;
(c)
(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)
(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)
(e) where the nuisance to which the notice relates —
(i) is a nuisance falling within section 79(1)(a), (d), (e), (f) 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,
that the best practicable means were used to prevent, or to counteract the effects of, the nuisance;
(f)
(f) that, in the case of a nuisance under section 79(1)(g) of the 1990 Act, the requirements imposed by the abatement notice by virtue of section 80(1)(a) of that 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, or
(ii) any consent given under section 61 or 65 of the 1974 Act, or
(iii) any determination made under section 67 of the 1974 Act;
(g)
(g) 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) in the case of a nuisance arising from any defect of a structural character, the owner of the premises, or
(iii) 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;
(h)
(h) 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;
(i)
(i) that the abatement notice might lawfully have been served on some person in addition to the appellant, being —
(i)
(i) a person also responsible for the nuisance,
(ii)
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