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Lionel Fynn
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Philip Day
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Jon Payne
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Sandra Graham
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Lionel Fynn
Philip Day
Jon Payne
Sandra Graham
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Nuisance - What action can be taken ?

In the mast, most nuisance actions were civil cases taken by individuals or groups. The Environmental Protection Act 1990 now means that local authorities can take action where they believe that a nuisance exists, or is likely to in the future.

This action normally takes the form of an 'abatement notice', which is a legal document specifying what must be done to stop the problem or prevent it from occurring. Alternatively, private individuals can make a complaint to the magistrates court and ask them to deal with the problem.

Making a complaint to the magistrates is not as simple as just telephoning and telling them of a problem - there is a formal procedure to go through and evidence must be collated to demonstrate that the problem exists. This can take the form of photographs, measurements or witness statements as appropriate. It is also possible for individuals, businesses or groups to take a civil action, but the procedure can be similarly difficult if you have no experience of this.

If the court is satisfied that there is a problem that warrants action, they will make an order as appropriate. If the order is not complied with, then the matter will go back to court with the danger that the person who has not complied could be found in contempt of court, which is a very serious matter.