Regina (on the Application of Elvington Park Limited and Others) -v- York Crown Court [2011] EWHC (Admin) 2213
Location: Case TypesCriminal Appeals    
Posted by: Law Brief Publishing 02/02/2012 20:07
Whether Abatement Notice Rendered Invalid by Insufficient Particulars:-

The Queen's Bench Division gave guidance in respect of the contents and level of detail required to be particularised in Abatement Notices served pursuant to the Environmental Protection Act 1990, s.80.

The difficulty arose from the fact that s.80(1) is silent vis-a-vis the identification or specification of the activities which are the subject of an Abatement Notice. An Abatement Notice which referred to a nuisance simpliciter, without stating in general terms what kind of nuisance it was, would be invalid. However, beyond that, the Courts had set the required threshold of description and level of detail required to be specified therein at a low level. Accordingly, an Abatement Notice which required the abatement of excessive emissions of noise from land owned by the company caused by "motor vehicle activities, motor sport events and activities associated with them, including the use of public address systems" was not defective - there was no obligation to specify in the Abatement Notice the activities which were said to amount to the Statutory nuisance or what noise levels were said to be excessive.
Court: High Court (Administrative Court) (England and Wales)
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