Nuisance in its various forms is the subject of Nicholas Dobson’s latest article, in this week’s NLJ.
More specifically, the power of local authorities to vary abatement notices, following an interesting case concerning Mallory Park Circuit, the Leicestershire track used for car and motorbike races since the 1950s.
An abatement notice had been issued to protect the residents of the neighbouring village of Kirkby Mallory from excessive noise. However, a local resident campaigned for the notice to be varied.
The issue at stake, as Dobson writes, ‘was whether a local authority which has issued a s 80 abatement notice has the power subsequently to vary that notice’. There was no direct authority for this point of law.
Dobson looks at the legal reasoning behind the judge’s decision in the case—read more here.RELATED ARTICLES
