Clause 102 - Statutory nuisance: lighting

Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 8:55 am on 1st February 2005.

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Photo of Anne McIntosh Anne McIntosh Shadow Minister (Environment, Food and Rural Affairs), Shadow Minister (Transport) 8:55 am, 1st February 2005

May I welcome you back to the Committee, Mr. Forth.

On Thursday the Minister made what he was hoping would be a helpful intervention, which gives me the opportunity to respond in like manner. There is some concern about how the original clause will be amended. The Minister said:

''It is merely that a local authority would be able to treat as a statutory nuisance those particular cases that qualify as a common law nuisance or are prejudicial to health.'' [Official Report, Standing Committee G, 27 January 2005; c. 314.]

He will be aware that there is concern that under subsection (4) there are some extensive, wide exceptions to that form of statutory nuisance that many would like brought within the remit of the clause, including in airports, harbours, railways and transport facilities generally. He may also be aware that another form of statutory nuisance—general   farming practices—is causing great concern. A typical example of that would include, in the view of the National Farmers Union, situations in which a local authority deems that a nuisance is being caused by agricultural activities or farm buildings near a residential area. A case in point would be harvesting at night in good weather in July and August, which are the most intensive times of the year for arable farmers, when they often have a very small window of opportunity. There are a number of instances of statutory nuisance that could fall within the original clause.

In amendments Nos. 104 and 105, we seek to address the matter of an all-weather, all-year-round pitch that is heavily dependent—[Interruption.]