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How to Deal with an Abatement Notice

Posted on 19th February 2020

For businesses in the manufacturing and industrial sectors, an abatement notice can be an unwelcome snap to reality.

Receiving an abatement notice, however, does not have to be the dramatic issue it’s worked up to be.

What is an abatement notice?

Councils are required to serve abatement notices to those responsible for statutory nuisances or, failing that, the most relevant premises owner or occupier.

Moreover, once served, an abatement notice will require action from the receiver to remedy the source of the issue. This action will differ depending on the variety of the problem, which can range from noise, to smoke and smells.

For those who choose to not comply with an abatement notice, there are consequences. Penalties can swing from expensive fines to prosecution. Consequently, dealing with the notice as swiftly and accordingly as you can is crucial.

When is an abatement notice served?

Your local authority will serve an abatement notice to you when you commit a ‘statutory nuisance’, under the 1990 Environmental Protection Act.

Once the local authority can identify this statutory nuisance, they must serve you a notice.

Additionally, in order to qualify as a statutory nuisance, an issue must do one or both of the following:

  • Unreasonably and sustainably interfere with the use or enjoyment of a home or other premises
  • Injure health or be likely to injure health

Issues that can represent a statutory nuisance in these ways include:

  • Noise
  • Smoke
  • Industrial smells such as sewage or other unpleasant odours
  • Artificial light
  • Insect infestations
  • Material accumulations or obstructions which cause an issue for others

Can the local authority withdraw an abatement notice?

To appeal an abatement notice, the receiver must appeal to a magistrates court within 21 days of receiving it.

The grounds for an appeal include if:

  • Legal tests have not been met to show that the issue is a statutory nuisance
  • The notice was served to the wrong person (though, as stated above, this is not always the individual directly responsible for the nuisance)
  • The notice if defective

How to resolve an abatement notice

Resolving an abatement notice is an issue of resolving the statutory nuisance that triggered its issuing, and fast.

However, the means of doing so obviously varies from one issue to another, whether it’s calling the exterminators, keeping the noise down, or controlling smells and emissions.

Here at Parsons, we specialise in the expert manufacture and supply of leading quality odour abatement and fume scrubbing equipment, all designed and manufactured here in the UK.

Have you received an abatement notice relating to odour, smoke, or emissions? If yes, our flexible, short-term equipment rental options are the ideal solution for you.

Parsons’ short-term rental solution avoids the lengthy lead times usually associated with this equipment, and allows for the spreading of cost, tackling the issue quickly and cost-effectively.

Learn more about our short-term rental solutions here, or simply get in touch by clicking here for a simple solution to your urgent issue.

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