Castle Point Borough Council’s Environmental Health Service has successfully prosecuted a resident on five counts of breaching an abatement notice served under the Environmental Protection Act 1990.
Mr Craig Wood of Catherine Road, Benfleet appeared at Basildon Magistrates Court on 18th February 2019 and pleaded guilty to five breaches of the notice. Mr Wood was fined a total of £1,485 for the breaches, ordered to pay a victim surcharge of £31 and full costs of £1,289.75 were awarded to the Council.
Environmental Health was notified last summer of accumulations of dog fouling in a garden which was causing an odour nuisance to a local resident. Following a visit by the Service an abatement notice was served requiring the mess to be cleared and also to prevent dog fouling accumulating again. Further complaints were received and despite being given a written warning, Mr Wood continued to breach the notice.
The notice was served under section 79(1)(e) of the Environmental Protection Act 1990.
“Any accumulation or deposit which is prejudicial to health or a nuisance”
Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the area of the authority, the local authority shall serve a notice (“an abatement notice”) imposing all or any of the following requirements—
- requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence;
- requiring the execution of such works, and the taking of such other steps, as may be necessary for any of those purposes,
and the notice shall specify the time or times within which the requirements of the notice are to be complied with.