Reference: 1993 c.40
Last Update: 09/11/2010
NOISE AND STATUTORY NUISANCE ACT 1993
This legislation covers statutory nuisances in the streets. Any person or business giving rise to a statutory nuisance may be served with an abatement notice.
This Act amends Part III of the Environmental Protection Act 1990 and the Control of Pollution Act 1974. It extends statutory nuisances to include nuisances in the street. This includes noise, smoke, fumes, accumulations, deposits, odours etc. arising from premises (land and buildings) and vehicles, machinery or equipment.
The Local Authority in England and Wales and District or Island Councils in Scotland can serve an abatement notice on the person responsible or in certain cases the owner or occupier of the property. Failure to comply the terms of an abatement notice can result in substantial fines as defined under Part III of the Environmental Protection Act 1990.
There is a defence available in any proceedings in respect of industrial, trade or business premises that the "best practicable means" have been used to prevent the nuisance or counteract its effect.
Schedule 3 of this act, regarding audible intruder alarms, has been repealed and is now included in the Clean Neighbourhoods and Environment Act 2005.
Last Update: 10/02/2011
By: Waterman
Applicability
This legislation is applicable to all of Ardagh's sites within Great Britain.
The sites owned by Ardagh Glass each have the potential to cause nuisance to their neighbours as a result of their operational activities. In particular, noise, dust, smoke and litter may occur. As such, Ardagh, should aim to keep these emissions to a minimum.
The company representative reported that Ardagh's Environmental Management System has a procedure to respond to external complaints. This is used to promptly resolve any noise or other environmental complaints and avoid the possibility of statutory nuisance being caused. A record of such complaints is also maintained such that major issued can be identified and dealt with.
The site representative reported that one of the neighbours to the Headlands site frequently lodges noise complaints noise; however this has been investigated both internally, and by the local authority and these complaints have never been upheld.
Dust from the Barnsley site has been reduced by the tarmacing of an area near warehouses and the noise impact on local residents will be reduced upon the proposed development of a new site entrance.
All sites undertake regular consultation with near neighbours to identify whether operations are causing nuisance. Good housekeeping is also a priority for all Ardagh sites.
| |
|
|