Statutory Nuisance and Environmental Law

Environmental regulations improved over the years, but the objective remains the protection of the public from activities that might threaten the health, peace, and even goodnight sleep of the residents living nearby. In this particular case, Mr. Brown purchased an unused pub and plans on renovating it into a student accommodation center. More so, Mr. Brown runs a building company hence has his own workers at his disposal. The workers attend to the unused pub whenever they are free from other projects (Brunel, and Levinson, 2016, 57). Their working hours range from early morning to 9pm. As it is common with renovating buildings, the workers generated noise, dust, and health of the resident leaving nearby. This essay will take a look at some of vital aspects of the case study and whether Mr. Brown was right to issues a complaint to the Local council after the residents complained about the project. Secondly, examine how the local council would establish the existence of a statutory nuisance and other recommendations if there were any.

Health Stressors

 Mr. Brown followed the due procedure before commencing the renovations on the dilapidated pub. This is because the locals were against the developments. Thus, he sought guidance on the suitable working hours and the finest workable mechanisms through which he could minimizing the effects of the renovations and by doing so, reduce the environmental impact on the neighboring  people (Glicksman et.al, 2019, 451). Therefore, there is need to investigate complains launched against Mr. Brown and ensure that he adheres to the rules and regulations provided by the local council.

 The Environmental Protection Act 1990 creates a provision for the enhanced regulation of pollution by handling waste and controlling industrial emissions, essential policies within the Act enforce an obligation of upkeep on all the businesses or any individual who generates, transmits, retains, disposes off or introduces wastes to the natural surroundings (Heras‐Saizarbitoria et.al, 2016, 456). Hence, a person has the full responsibility of protecting the natural surrounding whenever he or she initiates a project, which directly affects the natural surroundings.

Since legislatures implemented the Act, numerous changes took place and various clauses either appealed or removed from the act completely. The act is applicable to various nations such as England and wales (Ma, and Ho, 2016, 228). Therefore, after looking at the making of the Act, either Mr. Brown needs to take the initiative and look for a more precise way of conducting the project.

The provisions of the environmental act 1990 permit the neighbors to launch a complaint against MR. Brown hence he should pay close attention to all the provisions of the regulations of the act, which directly affects his actions in terms of practice (Percival et.al, 2017, 156). On the other side, the council should ensure that Brown does not pollute the environment in any given way. The council has to see to it that the workers do not pollute the surrounding and regulate their tasks based on the tenets found within various clauses.

 How to council would establish if a statutory nuisance was utilized

 First of all a statutory nuisance occurs when anything falls under the category of a nuisance or a posing as a potential danger to the people living near the areas (Brunel, and Levinson, 2016, 55). Whereas a nuisance is anything which is irrational and results into considerable intrusion in the usage and delight of an individual’s property. Hence, it is more than just simply irritating or recognizing that something is disrupting the peace of other people.

 Coupled with information above, the council needs to develop a framework for the context of the nuisance (Ma, and Ho, 2016, 229). For instance in a case of Bamfords v Turnley, the lawyers defined nuisance as persistent activities or a situation of undertakings causing a considerable and illogical interference with a plaintiff land or his or her utilization of that particular space of land. Exceptions occur only when the originator of the annoyance has the right to private nuisance. Mostly, the property-owner is not accountable for the stopping the nuisance one makes; let us say on a Saturday night. In this case, Mr. Brown got permission from the council before he began working on the unused space. In addition he sort after the advice of the council who gave him all the rules and regulations he was to adhere to. Hence, as long as he is keeping the noise as per the instructions and has measures at hand to regulate the dust produced, he has some leeway and private nuisance. Nevertheless, the council can only establish a statutory nuisance only if MR Brown goes against the proposed rules and regulations proposed and forwarded by the council itself.

Another way the council can establish a statutory nuisance is if the people living near the area make a complaint. Most workers may fails to realize that they are a nuisance to the neighboring people. Therefore, before establishing a complaint, the council should indorse people to try to converse with the people working politely and tell them about the challenge they are causing. In this case, the residents need to talk to Mr. Brown before launching the complaints against him. Mr. Brown genuinely believes that he is doing the right thing and even reports the residents’ complaints back to the health department after some of the neighbors became abusive and threatening his operations.

Most of the times statutory nuisances incline toward property based matters. Therefore, any issues arising from disturbing other people especially during building activities could sometimes not be subject to statutory nuisance laws. Some of the issues not covered under nuisance statutory regulations are aircraft noise, noise produced during traffic. The information above serves as a positive indicator or grounds for establishing a statutory nuisance act against the Mr. Brown.

Steps taken in case a statutory nuisance exists

 In this particular context, a statutory nuisance takes effect under the Environmental Protection Act 1990, because an individual’s health is under threat or an activity interrupts their peace. According to lawmakers, nuisance is anything which affects someone else peace of mind at their household or property (Percival et.al, 2017, 159). Noise is most common type of nuisance issue throughout history even though there are some other aspects considered a nuisance. For instance, smoke, dust particles, stench, and debris remain.

 In case of any of nuisances mentioned above, one can take action against Mr. Brown and protect their health on time. In order to take necessary action against Mr. Brown, the council must confirm and observe the allegations mentioned against Mr. Brown. Furthermore, the council must confirm the relevance of the allegations if they fall under required statutory nuisance standards. After confirming that the disturbance fall under the statutory nuisance laws, then they can go ahead and prove the case in a court of law.

 The council must take necessary practical steps to examine a complaint beforehand and carry out their mandate according to the evidence gathered. While most of their efforts depend on the legislations, it is prudent for the council to initiate deep-seated or thorough investigations prior to the actual case in court. Therefore, it is up to the council to gather evidence and proof that a case exists beyond any reasonable doubt. For instance, officers must observe and witness the validity of the complaints.

A person does not need a solicitor to take action. Any member of the community can access the court systems at any time of the day and solve the statutory nuisance. It is not an expensive venture and one does not need any solicitor for that matter. However, one may wish to consult one if necessary.

Other remedies available

In the context of a private action, one needs to prove beyond a shadow of doubt in front of a court of law that he or she tried to resolve the issue at a personal level before bringing it to court. On the other hand, one can write a letter to the court systems narrating the ordeal he or she went through in the hands of a person generating nuisance (Heras‐Saizarbitoria et.al, 2016, 459). Under the section 82 of Environmental protection act 1990, one should give underlying reasons for launching a complaint for instance, in this case, the nuisance comes from Mr. Brown’s workers drilling and working beyond the recommended hours. In The letter, one needs to detail all the relevant evidence required in the courts of law, which will in turn persuade the courts to act and move into action. More so, one can write on the letter specific time he or she experiences the statutory disturbances. For the sake of clarity and partnership with the goals of delivering justice for both parties.

 In case the predicament persists, and the individual responsible for the actions ignores the complains or letters sent to them, one should write to them again and then apply to the magistrate court for the case to commence (Glicksman et.al, 2019, 109). One should give them a minimum of three days’ notice before the actual day (Brunel, and Levinson, 2016, 66).

 

 

 

 

 

 

 

 

 

 

 

References

Brunel, C. and Levinson, A., 2016. Measuring the stringency of environmental regulations. Review of Environmental Economics and Policy, 10(1), pp.47-67.

Glicksman, R.L., Markell, D.L., Buzbee, W.W., Mandelker, D.R., Bodansky, D. and Hammond, E., 2019. Environmental Protection: Law and Policy. Aspen Publishers.

Heras‐Saizarbitoria, I., Arana, G. and Boiral, O., 2016. Outcomes of environmental management systems: The role of motivations and firms’ characteristics. Business Strategy and the Environment, 25(8), pp.545-559.

Ma, R. and Ho, Y.S., 2016. Comparison of environmental laws publications in Science Citation Index Expanded and Social Science Index: a bibliometric analysis. Scientometrics, 109(1), pp.227-239.

Percival, R.V., Schroeder, C.H., Miller, A.S. and Leape, J.P., 2017. Environmental regulation: Law, science, and policy. Wolters Kluwer Law & Business.