How to Deal with an Abatement NoticePosted on 19th February 2020
What is an abatement notice?
Firstly, what is an abatement notice? Your local authority can serve you an abatement notice if:
- They identify a statutory nuisance that exists
- They identify a statutory nuisance that occurred or is likely to recur
Furthermore, most abatement notices require the receiver to take action.
What action do you have to take? That depends on what the nuisance is. For example, the nuisance can range from noise, to smoke and smells.
If you choose not to comply with your abatement notice, there will be consequences. For example, penalties can swing from expensive fines to prosecution. Consequently, dealing with the notice as swiftly and accordingly as you can is vital.
When do you receive an abatement notice
Your local authority will serve an abatement notice to you when you commit a ‘statutory nuisance’, under the 1990 Environmental Protection Act.
To qualify as a statutory nuisance, an issue must do one or both of the following:
- Unreasonably interfere with the enjoyment of a home or other premise
- Injure health
- Pose a potential risk of injuring health
Here are some examples of statutory nuisances:
- 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?
Do you want to contest an abatement notice? Then you must appeal to magistrates’ court within 21 days of receiving it.
Here are some acceptable grounds for appeal:
- Legal tests have not been met to show that the issue is a statutory nuisance.
- Notice was sent to the wrong person (though, as stated above, this is not always the individual directly responsible for the nuisance)
- The notice is defective.
How can you resolve an abatement notice
If you want to resolve an abatement notice, you must first resolve the statutory nuisance that triggered it, and fast.
However, the way you resolve it can vary from one issue to another. For example, you may need to call the exterminations, keep the noise down, or even clamp down on bad smells and emissions.
Here at Parsons, we manufacture and supply industry-leading odour abatement and fume scrubbing equipment. We design and manufacture all our equipment 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 long lead times usually associated with this equipment. Furthermore, our rental solutions allows for the spreading of cost, tackling the issue quickly and cost-effectively.Back to news