Nuisance abatement notice

A notice may be served where a nuisance has occurred or the local authority think a nuisance may occur. Noise nuisance is not defined as such, but includes vibration. The notice may not be specified and may merely require the abatement of the nuisance. A notice may, however, require the carrying out of works or specify permissible noise levels. The time period for compliance is not specified in the Act, but must be reasonable. 

Where a local authority is satisfied that either a statutory nuisance exists or is likely to occur or recur, it can serve an Abatement Notice requiring the abatement, prohibition or restriction of the occurrence or recurrence. 

That the authorities have refused unreasonably to accept compliance with alternative requirements or that the requirements of the notice are otherwise unreasonable in character or extent, or are unnecessary. This defense is self-explanatory. The local authorities are only permitted to ask for works that will abate the noise nuisance. Other works (perhaps to comply with legislation) should not be specified in the notice. They may, however, be contained in a letter separate from the notice. An example of this would be where the fitting of acoustic enclosures to food-manufacturing machines breached food hygiene requirements. Readily cleanable enclosures may be a requirement of the Food Hygiene Regulations, but it should not be contained in a Section 58 Control of Pollution Act notice. 

Noise affecting the neighbourhood is regarded as a pollutant and part II of the Act relates to this form of nuisance. It gives a local authority powers to require the reduction of excessive emissions of noise and to impose conditions on noisy operations. The authority may set noise limits and specify the time in which they must be met. It allows for the creation of noise abatement zones, and enables the authority to serve notices requiring the control or abatement of noise nuisances. 

The notice will specify the date by which the notice is to be complied with and may also specify the remedial action to be taken. Appeals against the notice can be made within 21 days. Failure to comply with the notice can attract a fine on conviction of up to 20 000. ft is a defence to a prosecution to demonstrate that the best practicable means had been used to prevent or counteract the effects of the nuisance. A private individual can start a proceeding in a magistrates court and, if the court is satisfied that a nuisance exists, it can require the accused to abate or terminate it. The court may also specify the remedy to be followed. 

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