Can an individual take his or her own action to abate a noise nuisance?
A. Yes, Section 82 of the Environmental Protection Act 1990, provides for an individual to take his or her own private action in a magistrate’s court. This action is free if an individual represents them self. In order to start proceedings log sheets, and any other documents should be taken to the magistrate’s court. You should ask to speak with the Clerk of the Court. He / She will then advise you on the procedure involved. Please bear in mind that the Clerk of the Court will not advise on whether you are likely to be successful. He / she will only give advice on the procedure you must follow. The telephone number of the local court can be found under “courts” in the telephone directory. If you have any further questions please send them to: – pollution@macclesfield.gov.
