Article 10 Defence to proceedings in respect of statutory nuisance

(1)

Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990^f1 in relation to a nuisance falling within paragraph (g) of section 79(1) (noise emitted from premises so as to be prejudicial to health or a nuisance) of that Act no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that the nuisance—

(a)

relates to premises used by the undertaker for the purposes of, or in connection with, the authorised development and that the nuisance is attributable to the carrying out or use of the authorised development in accordance with a notice served under section 60 (control of noise on construction sites), or a consent given under section 61 (prior consent for work on construction sites), of the Control of Pollution Act 1974^f2; or

(b)

is a consequence of the construction, operation, maintenance or decommissioning of the authorised development and cannot reasonably be avoided.

(2)

Section 61(9) (prior consent for work on construction sites) 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 authorised development.

(3)

In this article “premises” has the same meaning as in section 79 of the Environmental Protection Act 1990.

Annotations

Footnotes

f1: 1990 c. 43.
f2: 1974 c. 40. Section 61(9) was amended by section 162 of, and paragraph 15 of Schedule 3 to, the Environment Protection Act 1990 (c. 25). There are other amendments to 1974 Act which are not relevant to this Order.