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Now in its third edition,
Statutory Nuisance: Law and Practice is the definitive text on the law and practice of statutory nuisance. The law of statutory nuisance has deep historical roots closely connected with local government. This book outlines the structural framework, the history and concept of statutory nuisance, and the organizational structure and powers of local and central government following the impact of devolution and Brexit. It examines the complex case law around public health law and common law nuisance and discusses other areas of law and practice that overlap with statutory nuisance.
Each of the statutory nuisances set out in Part III of the Environmental Protection Act 1990 are analysed, and practice-based chapters examine the regulatory and judicial context of statutory nuisance enforcement. Evidential issues and case preparation for court hearings are covered in detail, including prosecutions by victims and non-lawyers against alleged perpetrators. The book addresses procedural and evidential matters of relevance to lawyers, environmental health practitioners, and enforcement officers, identifying good practice and various potential pitfalls. It includes chapters on human rights, the use and enforcement of abatement notices, appeals, local authority prosecutions, and statutory defences.
This new edition addresses issues around planning permission, statutory authority, and other consents. The 'agent of change' principle and deeds of easement applicable to new housing developments are analysed. This edition also covers extensively: housing, licensing, anti-social behaviour provisions, and recent legislation on public nuisance and anti-social behaviour. An Appendix clearly sets out the key legislation referred to in this book.
List of contents
- 1: INTRODUCTION
- PART I. STRUCTURE AND FRAMEWORK
- 2: THE REGULATORY FRAMEWORK
- 3: HISTORICAL CONTEXT OF STATUTORY NUISANCE AND PUBLIC HEALTH LEGISLATION
- 4: THE CONCEPT OF STATUTORY NUISANCE
- PART II. THE SPECIFIC NUISANCES
- 5: PREMISES
- 6: NOISE
- 7: ATMOSPHERIC EMISSIONS
- 8: ANIMALS
- 9: ACCUMULATIONS AND DEPOSITS
- 10: ARTIFICIAL LIGHT
- 11: INSECTS
- 12: MISCELLANEOUS NUISANCES IN OTHER LEGISLATION
- PART III. PROCEDURE AND EVIDENCE
- 13: IMPLICATIONS OF THE HUMAN RIGHTS ACT 1998
- 14: ENFORCEMENT: USE OF ABATEMENT NOTICES
- 15: APPEALS AGAINST ABATEMENT NOTICES
- 16: OFFENCES AND PROSECUTION FOR BREACH OF AN ABATEMENT NOTICE
- 17: SECTION 82 PROCEEDINGS
- 18: DEFENCES IN THE ENVIRONMENTAL PROTECTION ACT 1990
- 19: PLANNING PERMISSION, LICENSING, AND CONSENTS
- 20: RELATED PROVISIONS, PROCEEDINGS, AND REMEDIES
- 21: EVIDENTIAL ISSUES AND PREPARATION FOR COURT
About the author
Rosalind Malcolm, LLB (Hons), PhD, Barrister, is Professor of Environmental Law in the Surrey Law School at the University of Surrey. She co-directs the Surrey Centre for International and Environmental Law, a research grouping of individuals engaged in research, teaching and consultancy in environmental governance. She is a fellow of the Institute for Sustainability and practises as a barrister at Guildford Chambers.
John Pointing, BA (Hons), MPhil, Barrister, is a specialist in environmental health law and the Legal Partner of Statutory Nuisance Solutions. Previously, he was a Senior Lecturer in Law at Kingston University.
