EU: Statutory nuisance provisions

United Kingdom
26/11/1999
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The fourth consultation paper on the implementation of the IPPC Directive (see Article by Paul Sheridan and Daniel Chappell in this Bulletin) comments on the issues raised in the third consultation paper issued in December 1998, primarily that local authorities have criticised the Government’s proposals to remove the statutory nuisance provisions from IPPC installations preventing local authorities from bringing proceedings under Part III of the Environmental Protection Act 1990 if they can be brought under Part I. A number of local authorities have suggested that they should be able to insist on minimum conditions relating to noise in permits for installations to be regulated by the Environment Agency. The Government, although recognising that many local authorities are experts in noise control, feels they do not have the experience of setting noise conditions as part of an integrated permitting system. To reflect this, the Government proposes that the Agency take into consideration any recommendations made by a local authority unless they have good reason not to.
(DETR, August 1999)

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