The High Court has ruled that sewage treatment works are “premises” under the terms of the Environmental Protection Act 1990.
Hounslow London Borough Council have successfully challenged a magistrates’ court ruling that sewage works are excluded from the operation of section 79(1)(d) of the Act because they do not constitute “premises”.
The challenge followed an abatement notice issued by the council under section 80 of the Act in respect of Mogden Sewage Treatment Works. The notice alleged statutory nuisance under section 79(1)(a) and (d) of the Act on the basis of an “infestation of mosquitoes and malodour”.
At a preliminary hearing, a district judge accepted Thames Water’s contention that the works did not constitute “premises” under section 79, and therefore quashed the notice. However, Scott Baker LJ and Pitchford J overturned that decision today, and ordered the case to be remitted to the magistrates for a full hearing.
Referring to section 79, Pitchford J: “The words used embrace without strain the emission of smell from sewage treatment works.”
Hounslow London Borough Council v Thames Water Utilities Ltd Queen’s Bench Division: Administrative Court (Scott Baker LJ and Pitchford J) 23 May 2003.
References: PLS News 23/5/03
