TAKING YOUR OWN ACTION UNDER SECTION 82 ENVIRONMENTAL PROTECTION ACT 1990

If the council has determined it is unable to act in respect of a nuisance complaint, or you do not wish to involve the local authority, you can, if you are an occupier of premises affected by a ‘Statutory Nuisance’, complain directly to the Magistrates’ Court under section 82 of the Environmental Protection Act 1990. The Magistrates will need to be persuaded that the problem about which you are complaining amounts to a statutory nuisance. It is therefore important that you keep a written record of the dates, times and duration of the problem, a description of its nature and the extent of the nuisance it causes you in the reasonable use and enjoyment of your premises.

Before complaining to the Magistrates, it would be advisable if you can try and resolve the problem informally by writing to the person(s) responsible for it. State to them that you consider they are causing a nuisance and that unless they stop or satisfactorily reduce the activity causing the nuisance, then you will have little choice but to take your complaint to the Magistrates’ Court. Make sure your letter is dated and you keep a copy. Although the law doesn’t require you to do this, it is likely to help your case if you can prove you have acted in a reasonable manner and have given the person(s) responsible for the problem an opportunity to resolve the situation before resorting to legal action.

If there is still no improvement, the next step is to contact the Clerk of the Court. Tell the Clerk you wish to make a complaint under section 82 of the Environmental Protection Act 1990. The Clerk will probably make an appointment for you and will be able to explain the procedure. You will be asked to produce evidence as described above to show the Magistrates you have an arguable case. If it is determined you have an arguable case, a summons will be issued and served on the person(s) allegedly responsible for the problem, stating the time, date and location for the court hearing. The person accused will have the opportunity to attend court and defend themselves and make their case.

You do not need to have a solicitor to represent you at the hearing, although you may wish to do so. If you present your own case, the Clerk of the Court will provide you with the necessary advice and guidance. You can contact the local Citizens Advice Bureau which may be able to assist you.

If the Magistrates’ Court decide in your favour, the court will make an ‘Abatement Order’ requiring the person(s) responsible to abate the nuisance and specifying any measures it considers necessary to achieve this. The order may also prohibit of restrict a recurrence of the nuisance and again may specify how this is to be done.

A person who without reasonable excuse contravenes any requirement of such an order is guilty of an offence and can receive a fine which is currently unlimited. You should therefore continue to keep a record of the occurrences of when you are affected in case the order is being ignored, and it becomes necessary to return to court.

Useful contacts:

Citizens Advice Bureau https://www.citizensadvice.org.uk/
Norwich Magistrates Court: Bishopgate, Norwich, Norfolk, NR3 1UP

Telephone Enquiries: 01603 67950

Email: norwich.court@hmcts.gsi.gov.uk

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