New guidance on noise abatement notices
An Appeal Court decision has clarified the rules on noise abatement notices served under the Environment Protection Act 1990.
The two appeals, which were heard together, involved notices served on licensed premises in Gosport, Hampshire, and a restaurant in London SW6.
The issues under consideration included the point in time at which the nuisance must exist for proceedings to be effective and how specific a valid notice must be in setting out the steps required to remedy the nuisance.
An Appeal Court decision has clarified the rules on noise abatement notices served under the Environment Protection Act 1990.
The two appeals, which were heard together, involved notices served on licensed premises in Gosport, Hampshire, and a restaurant in London SW6.
The issues under consideration included the point in time at which the nuisance must exist for proceedings to be effective and how specific a valid notice must be in setting out the steps required to remedy the nuisance.
Dismissing the appeals by both proprietors, the court held:
when considering the validity of a notice, the courts are required to consider the facts at the time of service of the notice and not when an appeal against a notice fell to be determined;
if a notice fails to specify works or steps necessary to end the nuisance, it will still be valid if the nuisance could be abated without positive steps being taken. It is only necessary for a notice under section 80 of the 1990 Act to specify such steps if the only way in which a nuisance could be abated is by such action.
SFI Group plc (formerly Surrey Free Inns) v Gosport Borough Council: R v Knightsbridge Crown Court, ex parte Carlo Cataldi Court of Appeal (Stuart-Smith, Potter and Brooke LJJ), 29 March 1999
Timothy Straker QC (instructed by Fynn & Partners, of Bournemouth) appeared for SFI Group plc; David Holgate QC and Malcolm Gibney (instructed by Moore & Blatch, of Southampton) appeared for Gopsport Borough Council; Timothy Spencer (instructed by Gordon Dadds) appeared for Carlo Cataldi; Knightsbridge Crown Court was not represented.
PLS News 30/3/99