A Manual of Environmental Protection Law: The Pollution Control Functions of the Environment Agency and SEPA

By Michael Fry | Go to book overview

The Statutory Nuisance (Appeals) Regulations 1995
S.I. 1995 No. 2644The 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 on them by paragraph 1(4) of Schedule 3 to the Environmental Protection Act 19901 and 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 1995 and shall come into force on 8th November 1995.(2) In these Regulations--"the 1974 Act" means the Control of Pollution Act 1974;2"the 1990 Act" means the Environmental Protection Act 1990; and"the 1993 Act" means the Noise and Statutory Nuisance Act 1993.3
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 Act4 (appeals to magistrates) against an abatement notice served upon him by a local authority.5(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)6 (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) or (g) of the 1990 Act1 and arises on industrial, trade, or business premises, or
____________________
1
P.224 above.
2
1974 c.40.
3
1993 c.40.
4
P.191 above.
5
"Local authority" defined by s.79(7), (8) of the 1990 Act, p.188 above.
6
P.192 above.

-753-

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