Who can take what types of Statutory Nuisance Actions?
Under Section 81(5) a local authority can take a High Court action to secure an injunction, if they consider that proceedings for failure to comply with a noise abatement notice "would afford an inadequate remedy". The only such action that we are directly aware of, was when a boarding kennel owner either would not or could not pay his fines for non-compliance with a Notice, and because the noise was continuing, and the fines had not stopped it, the local authority took action under Section 81(5). This section states that it is a defence against actions taken under this section, to show compliance with a specific type of notice issued under the Control of Pollution Act, but Best Practicable Means [BPM] is not mentioned; therefore, the Courts may consider that BPM does not apply to a Sn 81(5) action.
We also understand that Wycombe District Council obtained an injunction under the above section against a rave organiser who had received a notice under section 80 and implied that he would pay the fine, there and then, as he would still make a massive profit after paying the fine. WDC applied for an injunction to stop the event. The threat of prison seemed to do the trick and the rave was cancelled and the local residents got a good nights sleep!
Under Section 82(1) a "person aggrieved by the existence of a nuisance" can go before a Magistrates Court to seek a court order along the same lines as the noise abatement notice, and such actions are criminal in nature and the defendant can be fined at the hearing when the order is made. A compensation order can also be made; see "Botross v Hammersmith & Fulham Borough Council" at Swarbrick and Co Solicitors. Note that unlike local authority actions, the nuisance has to exist, therefore "persons aggrieved" cannot take action over a nuisance which has not yet occurred; if appropriate we understand that you may be able to subpoena the Local Authority's Officers to give evidence.