Noise complaint rights 'face axe'... more

[Paul Mobbs]

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Environmental Protection UK's briefing on Section 151 is at 
http://www.environmental-protection.org.uk/assets/library/documents/Planning_Bill_Briefing_Clause_151_Nuisance_Immunity.pdf

P.


http://www.environmental-protection.org.uk/news/detail/?id=1505

Planning for Local Problems? Nuisance Immunity Proposed for Major Utilities

Environmental Protection UK, 12th Aug. 2008


Environmental Protection UK1 is expressing concern at the removal of 
protection for local communities from impacts of major infrastructure 
development in the Planning Bill2.

Clause 151 states:
'No proceedings, whether criminal or civil, in nuisance and no civil 
proceedings in respect of the escape of things from land other than 
proceedings for breach of statutory duty may be brought in relation to 
development, works or operations authorised by an order granting development 
consent.'

This amendment, added following the third reading of the Bill, would appear to 
remove access to any remedy for local health or environmental impacts caused 
by dust, smoke, odour, noise or light.

"This apparent blanket exemption is highly irresponsible, particularly in view 
of the wide range of developments covered by the Bill3, " said Mary Stevens, 
Policy Officer at Environmental Protection UK.

"It shows scant regard for the potential impact on the health, quality of life 
and amenity of any communities who are unfortunate enough to be in proximity 
to the developments proposed."

We accept that some short-term impact is an inevitable consequence of any 
development, but local impacts are manageable by proper planning and 
operation. We do not believe that respect for the quality of life of 
neighbouring citizens should present a barrier to necessary and appropriate 
development.

We, along with LACORS4, are urging Government to reconsider the inclusion of 
this Clause, and ensure that the Planning Bill includes robust provision for 
protection of the health, amenity and local environmental quality for 
communities at risk of adverse impact.

More: Mary Stevens 01273 878781 / 07730 061850

Notes to Editors:

   1. http://www.environmental-protection.org.uk/
Environmental Protection UK (formerly NSCA) is the environmental protection 
charity supported by pollution control professionals. We have been working 
for a cleaner, quieter, healthier world since 1898.

   2. http://services.parliament.uk/bills/2007-08/planning.html
Planning Bill

   3. 
http://www.environmental-protection.org.uk/assets/library/documents/Planning_Bill_Briefing_Clause_151_Nuisance_Immunity.pdf
Read the Environmental Protection UK Briefing on Planning Bill proposal for 
nuisance exemption

   4. http://www.lacors.gov.uk/lacors/home.aspx
LACORS is the local government central body that represents and supports 
council public protection services. 



- -- 

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Paul Mobbs, Mobbs' Environmental Investigations
3 Grosvenor Road, Banbury OX16 5HN, England
tel./fax (+44/0)1295 261864
email - mobbsey at gn.apc.org
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