Statutory Nuisance: Law and Practice

by Malcolm, Rosalind; Pointing, John

• ISBN13: 9780199564026
• ISBN10: 0199564027
• Edition: 2nd
• Format: Paperback
• Copyright: 2011-12-15
• Publisher: Oxford University Press

Summary

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 defenses and proceedings brought by private individuals against neighbors 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.

Author Biography

Rosalind Malcolm is Professor of Law at the University of Surrey, where she also acts as Director of the Environmental Regulatory Research Group. She is a practising barrister and a member of Guildford Chambers.

John Pointing is Senior Lecturer in Law at Kingston University. He is also a self-employed barrister in private practice, with over 15 years' experience working in environmental law, and is the Legal Partner of Statutory Nuisance Solutions, which provides legal advice and technical help to local authorities, solicitors and businesses

Table of Contents

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.
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.