Statutory Nuisance

Statutory nuisance is an important part of Chambers' environmental work. The leading practitioners' book ‘Statutory Nuisance - Law and Practice' (Butterworths Environmental Law Series, 2001 - 2nd edition forthcoming) was co-authored by three of its members. We act regularly for local authorities, recipients of abatement notices and individual complainants, both as advocates and specialist advisors. Our specialisation covers civil law proceedings, such as appeals against abatement notices in the Magistrates' and Crown Court, and criminal proceedings for breaches of abatement notices. Members of Chambers also appear in the High Court and Divisional Court appealing on points of law. We regularly hold training sessions for environmental health officers, aimed at giving practical advice on statutory nuisance law and procedures.

Recent cases in which members of Chambers have been involved include:

• Alton Towers - an appeal against an abatement notice served by the local authority on the famous Alton Towers amusement park
• The Barns (NE) Ltd v Newcastle-Upon-Tyne City Council - on the need for an abatement notice before obtaining an injunction under section 81(5) EPA 1990
  
• Hewlings v McClean Homes - whether section 160 EPA 1990 is mandatory or permissive
• R (Robinson) v Torridge District Council - flooding caused by a highway bridge can be a statutory nuisance under s259 Public Health Act 1936