SCHEDULES
SCHEDULE 27Noise
Defences to proceedings relating to statutory nuisance
3
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by person aggrieved by statutory nuisance) in relation to—
a
a statutory nuisance falling within section 79(1)(g) of that Act (noise emitted from premises), or
b
a statutory nuisance falling within section 79(1)(ga) of that Act (noise emitted by vehicle, machinery or equipment in a street),
no order may be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows that sub-paragraph (2) or (3) applies.
2
This sub-paragraph applies if the nuisance—
a
relates to premises or, as the case may be, to a vehicle, machinery or equipment, used by the nominated undertaker for the purposes of or in connection with the exercise of the powers conferred by this Act with respect to works, and
b
is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974.
3
This sub-paragraph applies if the nuisance—
a
is a consequence of—
i
the construction or maintenance of the works authorised by this Act, or
ii
the operation of Phase One of High Speed 2, and
b
cannot reasonably be avoided.