Statutory Nuisance: Law and Practice

Author:   Rosalind Malcolm (Professor of Environmental Law, Professor of Environmental Law, Surrey Law School, University of Surrey) ,  John Pointing (Legal Partner, Legal Partner, Statutory Nuisance Solutions)
Publisher:   Oxford University Press
Edition:   3rd Revised edition
ISBN:  

9780198878322


Pages:   512
Publication Date:   27 November 2025
Format:   Hardback
Availability:   To order   Availability explained


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Statutory Nuisance: Law and Practice


Overview

Now in its third edition, Statutory Nuisance: Law and Practice is the definitive text on the law and practice of statutory nuisance. The law of statutory nuisance has deep historical roots closely connected with local government. This book outlines the structural framework, the history and concept of statutory nuisance, and the organizational structure and powers of local and central government following the impact of devolution and Brexit. It examines the complex case law around public health law and common law nuisance and discusses other areas of law and practice that overlap with statutory nuisance.Each of the statutory nuisances set out in Part III of the Environmental Protection Act 1990 are analysed, and practice-based chapters examine the regulatory and judicial context of statutory nuisance enforcement. Evidential issues and case preparation for court hearings are covered in detail, including prosecutions by victims and non-lawyers against alleged perpetrators. The book addresses procedural and evidential matters of relevance to lawyers, environmental health practitioners, and enforcement officers, identifying good practice and various potential pitfalls. It includes chapters on human rights, the use and enforcement of abatement notices, appeals, local authority prosecutions, and statutory defences. This new edition addresses issues around planning permission, statutory authority, and other consents. The 'agent of change' principle and deeds of easement applicable to new housing developments are analysed. This edition also covers extensively: housing, licensing, anti-social behaviour provisions, and recent legislation on public nuisance and anti-social behaviour. An Appendix clearly sets out the key legislation referred to in this book.

Full Product Details

Author:   Rosalind Malcolm (Professor of Environmental Law, Professor of Environmental Law, Surrey Law School, University of Surrey) ,  John Pointing (Legal Partner, Legal Partner, Statutory Nuisance Solutions)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   3rd Revised edition
ISBN:  

9780198878322


ISBN 10:   019887832
Pages:   512
Publication Date:   27 November 2025
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Forthcoming
Availability:   To order   Availability explained

Table of Contents

1: INTRODUCTION PART I. STRUCTURE AND FRAMEWORK 2: THE REGULATORY FRAMEWORK 3: HISTORICAL CONTEXT OF STATUTORY NUISANCE AND PUBLIC HEALTH LEGISLATION 4: THE CONCEPT OF STATUTORY NUISANCE PART II. THE SPECIFIC NUISANCES 5: PREMISES 6: NOISE 7: ATMOSPHERIC EMISSIONS 8: ANIMALS 9: ACCUMULATIONS AND DEPOSITS 10: ARTIFICIAL LIGHT 11: INSECTS 12: MISCELLANEOUS NUISANCES IN OTHER LEGISLATION PART III. PROCEDURE AND EVIDENCE 13: IMPLICATIONS OF THE HUMAN RIGHTS ACT 1998 14: ENFORCEMENT: USE OF ABATEMENT NOTICES 15: APPEALS AGAINST ABATEMENT NOTICES 16: OFFENCES AND PROSECUTION FOR BREACH OF AN ABATEMENT NOTICE 17: SECTION 82 PROCEEDINGS 18: DEFENCES IN THE ENVIRONMENTAL PROTECTION ACT 1990 19: PLANNING PERMISSION, LICENSING, AND CONSENTS 20: RELATED PROVISIONS, PROCEEDINGS, AND REMEDIES 21: EVIDENTIAL ISSUES AND PREPARATION FOR COURT

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Author Information

Rosalind Malcolm, LLB (Hons), PhD, Barrister, is Professor of Environmental Law in the Surrey Law School at the University of Surrey. She co-directs the Surrey Centre for International and Environmental Law, a research grouping of individuals engaged in research, teaching and consultancy in environmental governance. She is a fellow of the Institute for Sustainability and practises as a barrister at Guildford Chambers. John Pointing, BA (Hons), MPhil, Barrister, is a specialist in environmental health law and the Legal Partner of Statutory Nuisance Solutions. Previously, he was a Senior Lecturer in Law at Kingston University.

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