The status of sewerage treatment works within the meaning of the Environmental Protection Act 1990 has come under High Court scrutiny.
Hounslow London Borough Council are challenging a November 2000 ruling by Hounslow Magistrates’ Court that sewage works are to be excluded from the operation of section 79(1)(d) of the Act .
The challenge follows the council’s issuing, under section 80 of the Act, of an abatement notice in respect of Mogden Sewerage Treatment Works. The notice refers to a statutory nuisance under section 79(1)(a) and (d) of the Act and alleges an “infestation of mosquitoes and malodour”.
The magistrates’ court ruling had the effect of rendering the notice invalid.
The High Court has reserved judgment.
Hounslow London Borough Council v Thames Water Utilities Ltd Queen’s Bench Division: Administrative Court (Scot Baker LJ and Pitchford J) 15 May 2003.
References: PLS News 15/05/03
