{
  "url": "https://openlegislation.uk/a46-coventry-junctions-walsgrave-development-consent-order-2026/article-48",
  "json_url": "https://openlegislation.uk/a46-coventry-junctions-walsgrave-development-consent-order-2026/article-48.json",
  "legislation": "uksi/2026/537",
  "legislation_title": "The A46 Coventry Junctions (Walsgrave) Development Consent Order 2026",
  "legislation_url": "https://openlegislation.uk/a46-coventry-junctions-walsgrave-development-consent-order-2026",
  "path": "article/48",
  "kind": "article",
  "number": "48",
  "heading": "Defence to proceedings in respect of statutory nuisance",
  "text": "(1) Where proceedings are brought under section 82(1) (summary proceedings by person aggrieved by statutory nuisance) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraph (d), (g) and (ga) of section 79(1) (statutory nuisances and inspection therefor) of that Act no order is to be made, and no fine may be imposed, under section 82(2) of that Act if—\n(a) the defendant shows that the nuisance—\n(i) relates to premises used by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development and that the nuisance is attributable to the carrying out of the authorised development in accordance with a notice served under section 60 (control of noise on construction site), or a consent given under section 61 (prior consent for work on construction site) of the Control of Pollution Act 1974; or\n(ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or\n(b) the defendant shows that the nuisance is a consequence of the use or operation of the authorised development and that it cannot reasonably be avoided.\n(2) Section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for the purposes of or in connection with the construction or maintenance of the authorised development.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 48 in force at 25.2.2026, see art. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1990 c. 43. There are amendments to section 82(1) which are not relevant to this Order."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Section 79(1) was amended by section 2(1) and (2) of the Noise and Statutory Nuisance Act 1993 (c. 40); sections 107 and 120(1) of, and paragraph 2(1) of Schedule 17 and paragraph 89 of Schedule 22 to, the Environment Act 1995 (c. 25); and section 102(1) and (2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 82(2) was amended by section 5(2) of the Noise and Statutory Nuisance Act 1993 (c. 40); there are other amendments to this subsection which are not relevant to this Order."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1974 c. 40. Section 61(9) was amended by section 133(2) of, and Schedule 7 to, the Building Act 1984 (c. 55); section 162(1) of, and paragraph 15(1) and (3) of Schedule 3 to, the Environmental Protection Act 1990 (c. 43); section 120(3) of, and Schedule 24 to, the Environment Act 1995; and section 102(1) and (2) of the Clean Neighbourhoods and Environment Act 2005 (c. 16). There are other amendments to section 61 which are not relevant to this Order."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/537/article/48",
    "retrieved_at": "2026-10-28T21:01:11.033237+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}