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APPENDIX 3.10 Defences in Proceedings for Breach of Abatement Notices
(Extract from South Northamptonshire Council Guidance Notes)
The defences under section 80 EPA 1990 available to a person contravening any requirement of the notice are:
- the defendant had a reasonable excuse for the contravention; or
- that in the case of a trade or business premises, the "best practicable means" were used to prevent or counteract the effects of the nuisance; or
- the alleged offence was covered by a notice served under section 60 (control of noise on construction etc sites) or a consent given under section 61 (prior consent for work on construction sites) or under section 65 (approval to increase noise levels from premises subject to control in a Noise Abatement Zone) of the Control of Pollution Act 1974; or
- the alleged offence was committed at a time when the premises were subject to a notice under section 66 of the 1974 Act (power to require reduction of noise levels in Noise Abatement Zone), and the level of noise was not such as to constitute a contravention of the notice under section 66; or
- the alleged offence was committed at a time when the premises were not subject to a notice under section 66 of the 1974 Act and when a level fixed under section 67 (acceptable noise level from new or altered premises coming within a class covered by a Noise Abatement Order) was not exceeded at that time.
Paragraphs (d) and (e) apply whether or not the relevant notice was subject to appeal at the time when the offence was alleged to have been committed.
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