# The Central Bedfordshire Council (Woodside Link Houghton Regis) Development Consent Order 2014, Article 36: Defence to proceedings in respect of statutory nuisance

Extent: E+W+S

(1) Where proceedings are brought under section 82(1) (statutory nuisances and inspections therefor) of the Environmental Protection Act 1990 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 is to be made, and no fine may be imposed, under section 82(2) of that Act if—
(a) the defendant shows that the nuisance—
(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) or 65 (noise exceeding registered level), of the Control of Pollution Act 1974; or
(ii) is a consequence of the construction or maintenance of the authorised development and that it cannot reasonably be avoided; or
(b) the defendant shows that the nuisance is a consequence of the use of the authorised development and that it cannot reasonably be avoided.
(2) Section 61(9) of the Control of Pollution Act 1974 and section 65(8) of that Act do 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.

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Source: https://www.legislation.gov.uk/uksi/2014/2637/article/36 (the official version)
Page: https://openlegislation.uk/central-bedfordshire-council-woodside-link-houghton-regis-development-consent-order-2014/article-36
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.