Statutory Nuisance & Abatement Notices - From Start to Finish

Introduction

This virtual classroom seminar will consider the statutory nuisance regime under Part III of the Environmental Protection Act 1990. It will combine discussion on the key legal framework with the latest legal developments, as well as giving practical tips and advice.

The content of this session will span the full lifetime of a typical statutory nuisance case, from investigation by the local authority to the end of the appeal process, including costs. There will be a particular focus on drafting abatement notices, how best to make and pursue/resist appeals against them, and how to successfully settle appeals through mediation. It will also consider the distinct law and procedure applicable to statutory noise nuisance.

Attendees will further receive guidance on statutory nuisance in a criminal proceedings context, such as prosecutions for breach of an abatement notice and actions brought by private individuals under s.82 of the EPA 1990.

What You Will Learn

This live and interactive course will cover the following:

• A recap of statutory nuisance including the relevant tests and sources of law
• Duties and powers of Local Authorities
• Drafting the abatement notice
• Appeals
• The benefits of settling an appeal through mediation and how to conduct such a mediation
• Consequences of breaching an abatement notice including criminal proceedings and sanctions
• Statutory nuisance proceedings brought by a private individual
• Discussion of the recent important Court of Appeal case, R (Gary Ball) v Hinckley & Bosworth Council [2024] EWCA Civ 433

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.