Statutory nuisance - Rosalind Malcolm

This is an essential text for practitioners at all levels in the legal and environmental health professions as well as for those working for community groups and consumer organisations. It is equally indispensable for private individuals who wish to challenge local authority decisions or to commence their own proceedings in the magistrates' courts against the 'nuisance offender'.The law of statutory nuisance was first formulated in the middle of the nineteenth century, yet it continues to raise all sorts of difficulties for practitioners, lawyers and the courts. This book considers the origins of statutory nuisance, analyses its conceptual basis, and considers each of the statutory nuisances set out and incorporated into the Environmental Protection Act 1990. Particular emphasis is given to the most problematic statutory nuisances, such as noise nuisance and thosearising within residential premises.This is an authoritative book, which takes the reader through the practical and legal issues associated with each statutory nuisance and focuses on the problems the local authorities face in enforcing this area of law as well as for those advising defendants. The role, powers and duties of the local authorities, the problems associated with the drafting of abatement notices and with the prosecution of nuisances are analysed. Also covered are defences and proceedings brought by privateindividuals against neighbours and local authority landlords.The focus is also on what happens in court. The procedure and requirements in appeals against notices and in prosecutions are considered in detail, as are the grounds for bringing further appeals and judicial review. Important recent decisions of the Court of Appeal and House of Lords, such as Falmouth & Truro PHA, ex p South-West Water, Baxter v Camden and Oakley v Birmingham, are analysed. The implications of recent legislation such as the Human Rights Act 1998 and theRegulation of Investigatory Powers Act 2000 are also considered.