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Statutory nuisance (3): abatement notices

By: Contributor(s): Series: Solicitors' Journal ; 145(44) 23 November 2001, 1086-1087(2)Publication details: 2001Subject(s): Summary: 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.

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.