# The Cory Decarbonisation Project Order 2025, Article 44: Defence to proceedings in respect of statutory nuisance

Extent: E+W

(1) Where proceedings are brought under section 82(1) (summary proceedings by persons aggrieved by statutory nuisances) of the Environmental Protection Act 1990 in relation to a nuisance falling within paragraphs (c), (d), (e), (fb), (g) or (h) of section 79(1) (statutory nuisances and inspections therefor) of that Act (statutory nuisances and inspections therefor) no order is to be made, and no fine may be imposed, under section 82(2) (summary proceedings by persons aggrieved by statutory nuisances) 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 construction 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 or a code of construction practice approved under requirement 7 (code of construction practice); 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) (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 construction or maintenance of the authorised development.

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Source: https://www.legislation.gov.uk/uksi/2025/1227/article/44 (the official version)
Page: https://openlegislation.uk/cory-decarbonisation-project-order-2025/article-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.