Earls Court Development

The Earls Court Development

 

Statutory Nuisance

 

The Public Health Act 1936 was updated and partly included in Part III of the Environmental Protection Act (EPA) 1990.

Section 79 of the EPA 1990 implies that the local authority has a general inspection duty, and the council is obliged to investigate a more responsive duty if an individual within an area complains of a statutory nuisance.

Section 80 of the EPA 1990 provides where a local authority is satisfied that a statutory nuisance is likely to occur, it is under a mandatory duty to serve an abatement notice on the person responsible for the nuisance. The applicants can challenge the council refusal (if any) by judicial review.

Finally, a statutory nuisance means that anything complained of must be either ‘prejudicial to health or a nuisance’.

Prejudicial to health

Under section 79(7) ‘Prejudicial to health’ means injurious, or likely to cause injury, to health.

Generally, proving that something/ an action is ‘prejudicial to health’ is likely to be difficult; as it is ‘something over and above what may be seen as a “nuisance”, that was held in Birmingham City Council v Oakley [2001] 1 All ER 385 by the House of Lords.

 

Examples: There is a chance that physical injury could be caused to people who walked in the site add to that the visual impact of the site, in both cases the harm does not amount to being prejudicial to health in the context of public health legislation.

Examples

The waste contains Solid organic matter capable of being mouldy by bacteria and germs. The test is whether the gathering of this waste produces a threat to health; it does in some cases for example a disease brought by vermin.

 

Nuisance

The transfer of the statutory nuisance provisions from the Public Health Acts to the EPA 1990 has the consequence on what is meant by ‘nuisance’.

The nuisance must involve some kind of personal discomfort, rather than any interference to property or its enjoyment.

For example:

Dust on cars and gardens will not amount to nuisance and is not covered by section 79(1)(a).

 

 

The waste Plan

Collective effort is vital to surpass the build up of hazard to the environment along the progress of major works of development of Earls Court. First, removal of furnishings and contents of buildings prior to work carried on them, the stationing of heavy equipment on site in preparation to commencement of work, the restrictions or sometimes closures of passages and roads to traffic, the stocking of building material in large quantities within the site, are just a few of the hazards that would leash vermin as well as ease its dispersion, and that is before the demolitions start and the larger leash gathers momentum.

Both the authorities and the residents should deeply perceive the size and seriousness of the risks in hand, and all should vigilantly take their roles to study and place a working plan to reduce to the minimum the hazard of vermin infestation to the best efficacy, and being aware of the austerity required, to also be to the most the best economical optimum cost.

 

 

Suggestions

We suggest from the part of the RBKC :

 

1.A committee would best be selected to represent the collective team work of the authorities and the residents.

2.The Planning authorities should produce a simplified line diagram of the processes of development in Earls Court with a time schedule and a critical path diagram, for the team work guidance

3.The Pest Control authorities need to provide a study of the nature of vermin infestation within the Earls Court development area and its neighbourhood, and a study of its expected behaviour along the development program activities.

The committee overlooks the critical points of hazard and particularly the critical times that need to cover them. From the amount of work, the space of time available and the available funds, the amount of voluntary work is thus estimated and scheduled. The committee should then leash an informative and advisory broadcast. The waste is to be kept in large containers to be collected on daily basis via trains (this method is faster, congestion free and cost effective)

 

 

The Establishment of a new project by the Kensington and Chelsea Social Council in the Earls court regeneration area.

The main work of the project is to:

1-- The project distributes leaflets to all residents briefing them on the program of development and a size of the effort needed. Visits or meetings could also be arranged and volunteers are enlisted. Teams are to be selected and work distributed to them and work plans collected from them

2- Receive complaints from the locals and advise them and keep the data as evidence, if needed later

3- Forward complaints to the council on monthly bases

4- Collect feedback from the local residents

 

 

Conclusion:

The wide development program for Earls Court is a major destabilisation of the environment where vigilance and cooperation is elicited to traverse the major alterations without serious damaging the environmental health. Breaking down buildings in demolition or basic modification and digging into tunnels and drainage systems will leash a huge migration of petrified vermin that would burrow even further and more adventurously into vermin free areas. Rubbish and refuse collection, containment and disposal needs tight programs and sober wariness of every one of us and sombre management of the Council to dry up vital vermin lifeline sources

 

By Afaf Taher

Lawyer

 

 

 

 

 

 

 

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