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Appeal form number

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  • Appeal form number

    K am appealing a noise abatement notice from the local council, canít seem to find the relevant appeal form anywhere
    Tags: None

  • #2
    I cannot see that there is a form as such.

    I have found this, which may help. I suggest that you contact your magistrates court to ask about preparing a "complaint".

    The Statutory Nuisance (Appeals) Regulations 1995 (SI 1995/2644) set out the grounds for appeal. Potential grounds include that there was a defect in the abatement notice (regulation 2(2)(b)), that the notice was served on the wrong person (regulation 2(2)(h)), or (for some nuisances, including some noise nuisance) that the best practicable means (BPM) were used to prevent, or to counteract the effects of, the nuisance (regulation 2(2)(e)). (BPM is also a defence to a prosecution of an abatement notice or application for an abatement order.)

    This appeal is by way of "complaint" and is part of the magistrates' courts' civil appellate jurisdiction (although failure to comply with an abatement notice is a criminal offence under section 80(4) of the Environmental Protection Act 1990). Generally, procedure in the magistrates' court is governed by the Magistrates Court Act 1980 and the Magistrates Court Rules 1981, unless there is other legislation which specifically states that it applies.
    Last edited by atticus; 7th November 2023, 12:22:PM.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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