Q&As

In seeking to serve an abatement notice, pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990), is service effected, for the purposes of EPA 1990, s 160(2), by a local authority officer attending the property in question, the addressee not being present, but a non-resident friend coming out of the address and taking the letter from the officer?

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Published by a ³ÉÈËÓ°Òô Corporate Crime expert
Published on: 07 May 2021
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Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice (section 80(2) of the Environmental Protection Act 1990 (EPA 1990)).

Abatement notices

In principle, a statutory nuisance need occur only once for an abatement notice to be served, provided the local authority is satisfied that it is likely to recur.

Subject to an exception in the case of certain statutory noise nuisances (in respect of which, see Practice Note: Noise nuisance offences), the abatement notice must be served on:

  1. •

    the person responsible for the nuisance

  2. •

    the owner of the premises where the nuisance arises from any defect of the structural character of the premises, or

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United Kingdom
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Key definition:
Abatement definition
What does Abatement mean?

The receipt by legatees of part of or none of their entitlement due to insufficient assets to discharge the entitlements in full.

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