Statutory Nuisance: Law and Practice, 3rd Edition by Rosalind Malcolm | 2025

Statutory Nuisance: Law and Practice, 3rd Edition by Rosalind Malcolm | 2025

Now in its third edition, Statutory Nuisance: Law and Practice provides a comprehensive examination of the law and practical application of statutory nuisance. The book explores the historical development and underlying principles of statutory nuisance, its relationship with local government, and the legal and organisational framework governing local and central authorities in the context of devolution and Brexit. It also considers relevant case law in public health and common law nuisance, together with other areas of law and practice that intersect with statutory nuisance.

The book examines each statutory nuisance prescribed under Part III of the Environmental Protection Act 1990, alongside practical guidance on the regulatory and judicial aspects of enforcement. It provides detailed coverage of evidential requirements and preparation for court proceedings, including prosecutions brought by victims and non-lawyers. Procedural and evidential issues relevant to lawyers, environmental health professionals and enforcement officers are addressed, with emphasis on good practice and potential pitfalls. Further topics include human rights, abatement notices and their enforcement, appeals, local authority prosecutions and statutory defences.

This third edition also considers issues concerning planning permission, statutory authority and other forms of consent, as well as the application of the ‘agent of change’ principle and deeds of easement in new housing developments. It provides extensive coverage of housing, licensing, anti-social behaviour legislation, and recent developments concerning public nuisance and anti-social behaviour. An appendix provides a convenient reference to the key legislation discussed throughout the book.

New to this Edition of Statutory Nuisance: Law and Practice:

• Examines the increasing intersection between planning law and statutory nuisance, reflecting developments in government policy over the past decade.
• Considers the evolving concept and definition of nuisance in light of recent case law, including the significant Supreme Court decision in Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4.
• Provides expanded coverage of housing and anti-social behaviour, including their interaction with statutory nuisance.
• Explores the impact of Brexit and the wider European legal framework on environmental health issues and the regulation of environmental harm.

Table of Contents of Statutory Nuisance: Law and Practice, 3rd Edition by Rosalind Malcolm

1:Introduction

Part I. Structure And Framework

2:The Regulatory Framework

3:Historical Context Of Statutory Nuisance And Public Health Legislation

4:The Concept Of Statutory Nuisance

Part II. The Specific Nuisances

5:Premises

6:Noise

7:Atmospheric Emissions

8:Animals

9:Accumulations And Deposits

10:Artificial Light

11:Insects

12:Miscellaneous Nuisances In Other Legislation

Part III. Procedure And Evidence

13:Implications Of The Human Rights Act 1998

14:Enforcement: Use Of Abatement Notices

15:Appeals Against Abatement Notices

16:Offences And Prosecution For Breach Of An Abatement Notice

17:Section 82 Proceedings

18:Defences In The Environmental Protection Act 1990

19:Planning Permission, Licensing, And Consents

20:Related Provisions, Proceedings, And Remedies

21:Evidential Issues And Preparation For Court

About The Authors:

Rosalind Malcolm, PhD, Barrister, is Professor of Environmental Law at Surrey Law School, University of Surrey. She is Co-Director of the Surrey Centre for International and Environmental Law, which brings together researchers and practitioners working on environmental governance through research, teaching and consultancy. She is also a Fellow of the Institute for Sustainability and practises as a barrister at Guildford Chambers.

John Pointing, BA (Hons), MPhil, Dip Law, Barrister, is a specialist in environmental health law and serves as Legal Partner at Statutory Nuisance Solutions. He was formerly a Senior Lecturer in Law at Kingston University.

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