Everett, R (on the application of) v Bristol City Council, Court of Appeal - Civil Division, February 26, 1999, [1999] EWCA Civ 869,[1999] 1 WLR 1170
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Everett, R (on the application of) v Bristol City Council, Court of Appeal - Civil Division, February 26, 1999, [1999] EWCA Civ 869,[1999] 1 WLR 1170
IN THE SUPREME COURT OF JUDICATURE QBCOF 98/0718/4
COURT OF APPEAL (CIVIL DIVISION)ON APPEAL FROM THE HIGH COURT OF JUSTICEQUEEN'S BENCH DIVISIONCROWN OFFICE LIST(Mr. Justice Richards) Royal Courts of Justice Friday, 26th February 1999 Before: THE QUEEN -v- BRISTOL CITY COUNCIL Respondent Ex parte SANDRA EVERETT Appellant - - - - - - - - (Handed down transcript of Smith Bernal Reporting Limited 180 Fleet Street, London EC4A 2HD Tel: 0171 421 4040 Fax: 404 1424 Official Shorthand Writers to the Court) - - - - - - - -MR. N. PLEMING Q.C. and MR. M. WESTGATE (instructed by Messrs Bobbetts Mackan, Bristol) appeared on behalf of the Appellant/Applicant.MR. T. STRAKER Q.C. and MR. R. BHOSE (instructed by Mr. D. Collins, Solicitor to Bristol City Council) appeared on behalf of the Respondent/Respondent. - - - - - - - - APPROVED JUDGMENT Crown CopyrightLord Justice Mummery: This case is concerned with the scope of powers relating to the abatement of statutory nuisances. The relevant powers are conferred on local authorities by Part III of the Environmental Protection Act 1990 (the 1990 Act). Section 79 of the 1990 Act provides- "(1).....the following matters constitute "statutory nuisances" for the purposes of this Part, that is to say - (a) any premises in such a state as to be prejudicial to health or a nuisance;" The remaining sub-paragraphs (b)-(h) expressly mention particular matters which may be "prejudicial to health or a nuisance": smoke, fumes or gases emitted from premises; dust, steam, smell and other effluvia arising on specified premises;...See the full content of this document
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