Clause 86 - Deferral of duty to serve abatement notice

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 3:15 pm on 27th January 2005.

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Photo of Anne McIntosh Anne McIntosh Shadow Minister (Environment, Food and Rural Affairs), Shadow Minister (Transport) 3:15 pm, 27th January 2005

I seek clarification on new subsection (2C). The general thrust of the clause is to enable local authorities to defer serving an abatement notice for seven days after it has concluded that a noise constitutes a statutory nuisance. The Government believe that that short deferral will help local authorities resolve disputed cases without imposing significant delays. Will the Minister elucidate how, under new subsection (2C), the authority must demonstrate that it is satisfied

''before the end of the relevant period that the steps taken will not be successful''

''that the nuisance continues to exist''?

What would the test be?

New subsection (2D) states:

''The relevant period is the period of seven days starting with the day on which the authority was first satisfied that the nuisance existed''.

That seems reasonable enough, but how would that apply to a temporary, one-off application, which might be time-barred and made at reasonably short notice?