Statutory nuisance : law and practice
Author(s)
Bibliographic Information
Statutory nuisance : law and practice
Oxford University Press, 2002
Available at 7 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
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 those arising 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 private individuals 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 the Regulation of Investigatory Powers Act 2000 are also considered.
Table of Contents
- 1. Synopsis
- PART I: STRUCTURE AND FRAMEWORK
- 2. The Regulatory Framework
- 3. The Historical Context of Statutory Nuisance and Public Health Legislation
- 4. The Concept of Statutory Nuisance
- PART II: THE SPECIFIC NUISANCES
- 5. Premises
- 6. Noise and Noise Nuisance
- 7. Atmospheric Emissions
- 8. Animals
- 9. Accumulations and Deposits
- 10. Miscellaneous Nuisances in Other Legislation
- PART III: PROCEDURE AND EVIDENCE
- 11. Implications of the Human Rights Act 1998
- 12. Enforcement: Use of Abatement Notices
- 13. Appeals Against Abatement Notices
- 14. Offences and Prosecution for Breach of an Abatement Notice
- 15. Defences
- 16. Section 82 Proceedings
- 17. Other Remedies
- 18. Overview of Evidential Issues and Preparation for Court
- APPENDICES
- Environmental Protection Act 1990 - Extracts
- Statutory Nuisance (Appeals) Regulations 1995, SI 1995/2644
- Other Legislation - Extracts
- Appendix D: Extracts from Codes made under the Police and Criminal Evidence Act 1984
by "Nielsen BookData"