Assessment of Statutory Nuisance and Accurate Drafting of Abatement Notices

New course announced for 2020 by Mike Stigwood

Section 80 abatement notices are commonly challenged on technical points such as wording or evidentially where it is deemed the assessment of the nuisance by local authorities is incorrect, insufficient or inadequate. An increasing number are being overturned on these points or withdrawn prior to judgement.  Challenges to the validity of the notice at prosecution are now common.

Advice from various specialists often leads to confusing outcomes with local authorities vulnerable to legal challenge. Many requirements of notice drafting are simply misunderstood and misreported, either through the lack of directed training or belief in existing and evolved myths about notices. For example, it is a common misconception, included within the text of some leading books, that most noise abatement notices are suspended by an appeal. This is contrary to what is found in practice.

Developed for Local Authority EHOs

This new course has been developed specifically with local authorities in mind to provide answers to the list of growing problems. An introduction to statutory nuisance is provided highlighting common pitfalls during investigation. The primary focus of the course is the accurate drafting of abatement notices. At least a couple of weeks would be required to properly cover this subject.

The aim of the course is to address some of the common problems and wider reading is anticipated which contributes to CPD. Examples of some of the questions specifically addressed within the course to reduce the likelihood of legal challenge are provided below:

1. What main strands of evidence are needed for a successful prosecution?
2. What should and should not be stated in a notice? 
3. Who do you serve upon and what are the rules for deciding this?
4. What is the appropriate period of time to give to comply with a notice and what are the requirements for assessing this?
5. When do works or steps have to be set out in a notice and how do you word a notice to avoid it being overturned for failure to set out the works or steps?
6. When are errors in the notice fatal and can I prosecute for breach of a notice that contains mistakes? What other issues are most likely to lead to a successful appeal against an abatement notice?

Please use the form below or call us on 01223 441671 to show your early interest and the dates or times you would want to attend along with your area of the UK.

Courses can also be run in house. 

Course written and presented by Mike Stigwood

Cost £150 + VAT per person including lunch and refreshments

Our aim is to run the course for the most number of people and so will run where we have enough interest for a course.