Statutory nuisance (3): abatement notices
McCracken, R
Statutory nuisance (3): abatement notices - 2001 - Solicitors' Journal 145(44) 23 November 2001, 1086-1087(2) .
In the third in a series of six articles on statutory nuisance, the paper outlines procedures for drafting abatement notices. Acknowledges that drafting abatement notices is challenging as their wording is often scrutinised in court. Discusses the following areas: statutory requirements; authority to issue; the underlying principle which should be simplicity; formalities; what should be required, such as works or steps; the importance of being specific; practical guidance; whether the notice will or should be suspended;and the Human Rights Act 1998. Lists six points of practical advice for authorities. Case law.
STATUTORY NUISANCE
ABATEMENT
NUISANCE
LOCAL AUTHORITIES
PROCEDURE
GUIDANCE
STATUTORY NUISANCE (APPEALS) REGULATIONS 1995
Statutory nuisance (3): abatement notices - 2001 - Solicitors' Journal 145(44) 23 November 2001, 1086-1087(2) .
In the third in a series of six articles on statutory nuisance, the paper outlines procedures for drafting abatement notices. Acknowledges that drafting abatement notices is challenging as their wording is often scrutinised in court. Discusses the following areas: statutory requirements; authority to issue; the underlying principle which should be simplicity; formalities; what should be required, such as works or steps; the importance of being specific; practical guidance; whether the notice will or should be suspended;and the Human Rights Act 1998. Lists six points of practical advice for authorities. Case law.
STATUTORY NUISANCE
ABATEMENT
NUISANCE
LOCAL AUTHORITIES
PROCEDURE
GUIDANCE
STATUTORY NUISANCE (APPEALS) REGULATIONS 1995