Abatement notice for noise in street: EPA 1990 s. 80A
Abatement notice for noise in street: can be fixed to unattended vehicle; copy within hour; time extension; appeal; offence for removing. EPA 1990 s. 80A.
In the case of a statutory nuisance within section 79(1)(ga) above that— has not yet occurred, or arises from noise emitted from or caused by an unattended vehicle or unattended machinery or equipment, the abatement notice shall be served in accordance with subsection (2) below. The notice shall be served— where the person responsible for the vehicle, machinery or equipment can be found, on that person; where that person cannot be found or where the local authority determines that this paragraph should apply, by fixing the notice to the vehicle, machinery or equipment. Where— an abatement notice is served in accordance with subsection (2)(b) above by virtue of a determination of the local authority, and the person responsible for the vehicle, machinery or equipment can be found and served with a copy of the notice within an hour of the notice being fixed to the vehicle, machinery or equipment, a copy of the notice shall be served on that person accordingly. Where an abatement notice is served in accordance with subsection (2)(b) above by virtue of a determination of the local authority, the notice shall state that, if a copy of the notice is subsequently served under subsection (3) above, the time specified in the notice as the time within which its requirements are to be complied with is extended by such further period as is specified in the notice. Where an abatement notice is served in accordance with subsection (2)(b) above, the person responsible for the vehicle, machinery or equipment may appeal against the notice under section 80(3) above as if he had been served with the notice on the date on which it was fixed to the vehicle, machinery or equipment. Section 80(4) above shall apply in relation to a person on whom a copy of an abatement notice is served under subsection (3) above as if the copy were the notice itself. A person who removes or interferes with a notice fixed to a vehicle, machinery or equipment in accordance with subsection (2)(b) above shall be guilty of an offence, unless he is the person responsible for the vehicle, machinery or equipment or he does so with the authority of that person. A person who commits an offence under subsection (7) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This provision governs how a local authority serves an abatement notice for a noise nuisance in the street that has not yet happened or that comes from an unattended vehicle or unattended machinery or equipment. The notice must be served on the person responsible for the vehicle, machinery or equipment if that person can be found. If the person cannot be found, or if the local authority decides to do so, the notice may be fixed to the vehicle, machinery or equipment itself.
If the notice is fixed to the vehicle, machinery or equipment because the local authority decided to do so, and the person responsible can be found and served with a copy of the notice within one hour of the notice being fixed, then a copy must be served on that person. The notice must state that if a copy is served later, the time for compliance is extended by the period stated in the notice.
The person responsible for the vehicle, machinery or equipment may appeal against the notice as if it had been served on the date it was fixed to the vehicle, machinery or equipment. A person who removes or interferes with a notice fixed to the vehicle, machinery or equipment is guilty of an offence, unless they are the person responsible or have that person's authority. The offence is punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
When it applies
- A local authority finds a car with a loud stereo left unattended in a street and wants to serve an abatement notice, but the owner is not present.
- A construction company leaves a noisy generator running unattended on a street overnight, and the council fixes an abatement notice to it.
- A person returns to their parked vehicle and finds an abatement notice fixed to it; they want to appeal the notice.
- Someone removes a noise abatement notice that was fixed to a unattended leaf blower in a street, and the council prosecutes them for the offence.
- A local authority decides to fix a notice to an unattended vehicle because the person responsible cannot be found, and later finds the person within an hour and serves a copy.
What this section does not say
- This provision does not cover noise from attended vehicles or machinery; those are dealt with under the general abatement notice procedure in section 80.
- It does not cover other types of statutory nuisances, such as smoke, fumes, or odours; those are under different provisions in section 79.
- It does not set out the grounds for appealing the notice; that is governed by section 80(3).
- It does not specify the penalties for the noise nuisance itself; only the offence of removing the notice is covered here.
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This page reproduces the text of EPA 1990 s. 80A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.