Statutory noise nuisances

In its decision in Johnson News of London Ltd v Ealing Borough Council, the High Court has clarified a short but significant point of law concerning statutory noise nuisance.

The case concerned a newspaper distribution service operating in a predominantly commercial area which also contained some housing. Following complaints about noise, the local authority served a noise abatement notice under section 58 of the Control of Pollution Act 1974.

The company instituted various remedial measures, and appealed to the magistrates court under the Control of Noise (Appeals) Regulations 1975 that the notice was unwarra

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