An Abatement Notice is a very specific type of Enforcement Notice served by a Local Authority where they conclude that there is a statutory nuisance. Unlike most enforcement notices, a Local Authority has a duty to serve an Abatement Notice if they determine there is a statutory nuisance.
What is a statutory nuisance?
A statutory nuisance can be a noise, smell, dust, pests, smoke, light or piles of rubbish which unreasonably and substantially interferes with the use or enjoyment of a home or other premises or is injurious or is likely to be injurious to health.
An investigation into statutory nuisance usually begins with a person making a complaint to the local Council about the issue which is bothering them. The Environment Health team at the Council will then commence an investigation. This investigation may take place over a very short period of time or it could be over many months. There are several elements to statutory nuisance which the Council officers will need to consider before determining there is a statutory nuisance or not.
It is not as simple as whether there is a loud noise or strong smell and that that is causing a substantial interference. Also to be considered are the ways in which the person alleged to be causing the nuisance is using their land, the character of the locality and if the person has been employing best practicable means to prevent the issue.
For example, if the noise is caused by a farmer carrying out ordinary agricultural use of his agricultural land and this use has not changed or intensified, then it will be very difficult for a determination of statutory nuisance to be made.
Where a Council is satisfied that there is a statutory nuisance having carried out their investigation, then they must serve an abatement notice.
What should you do if served with an Abatement Notice?
You only have 21 days to appeal an Abatement Notice, so time is of the essence.
- Keep calm
- Instruct a solicitor
- Collate all the documents and correspondence you have from the Council together and provide them to your solicitor
- Appeal the notice if there are arguments against it
- In the meantime, if possible and if your solicitor advises you to, take steps to comply with the notice
Why appeal?
A breach of an abatement notice is a criminal offence and if prosecuted can attract an unlimited fine. To abate an alleged nuisance where the Council has got it wrong can cause damage to your business where you might have won an appeal if you took one.
If you are being investigated for a statutory nuisance, or have received an abatement notice, our Regulatory Team will be happy to help.