If we can't secure sufficient evidence or pursue the matter further, you can personally take the matter to the magistrates' court under Section 82 of the Environmental Protection Act 1990.

This is a simplified low cost procedure that allows you to have a hearing in front of magistrates. You do not need to be represented by a solicitor.

It is important that you have a record of the dates, times and duration of the offending nuisance. This will be required as evidence.

In such cases, your complaint should be made to:

The Clerk of the Court
Aylesbury Magistrates Court
Walton Street
Aylesbury
Bucks

Telephone (01296) 554350

Giving fair warning of your action

If you decide to take action under section 82 of the Environmental Protection Act 1990 you must give at least three days notice in writing of your intentions to the person responsible for the nuisance, and provide them with details of your complaint.

You can deliver your notice by hand or by post. Make sure your letter is dated and that you keep a copy.

The initial procedures

When making a complaint under section 82 of the Environmental Protection Act 1990 you will probably be asked to visit the court and provide evidence to show the magistrates that you have an arguable case.

The court will decide if a summons can be issued and, if so, may ask you to serve it (by hand or post) to the person responsible for the nuisance.

The hearing

When the time comes for your complaint to be heard at a magistrates’ court, you will have to attend to give evidence.

The person responsible for the nuisance will very likely also come to the court to defend themselves, and may even make counter-accusations.

You do not need to have a solicitor to represent you at the hearing, although you can if you wish.

The costs

You should be prepared for the possibility of having to pay the costs of taking your case to the magistrates’ court. These will include your costs, those of your solicitor if you have one, and any witnesses you may call. If you lose the case you might also have to pay the other person’s costs.

Legal representation is not available for this type of case through the Legal Aid scheme. However, you may be financially eligible under the ‘Green Form Scheme’ for free or subsidised legal advice and assistance in preparation of your case.

The possible outcome

If the magistrates’ court decides in your favour it will make an order requiring the offender to abate the nuisance and also specify the measures that must be taken to achieve this. The order may prohibit a recurrence of the nuisance and the offender could be fined.

If you win your case the court will probably award you your costs incurred in bringing the action. The offender will be required to pay these.

If your case is dismissed, you will normally incur your own costs and quite possibly those of the other party

What if the nuisance continues?

If the nuisance continues, any person contravening the requirements of an Abatement Order without reasonable excuse will be found guilty of an offence under the Environmental Protection Act 1990 and can be fined.

You should keep your record of the nuisance up to date in case the order is ignored and it becomes necessary to return to court. The procedure for initiating a future case will be the same as for the original proceedings.

Date Updated: 05/03/08