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The Statutory Nuisances (Appeals) Regulations (Northern Ireland) 2012

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Suspension of notice

3.—(1) Where—

(a)an appeal is brought against an abatement notice served under sections 65 or 66 of the 2011 Act; and

(b)either—

(i)compliance with the abatement notice would involve any person in expenditure on the carrying out of works before the hearing of the appeal; or

(ii)in the case of a nuisance section 63(1)(i) or (j) of the 2011 Act, the noise to which the abatement notice relates is noise necessarily caused in the course of the performance of some duty imposed by law on the appellant; and

(c)either paragraph (2) does not apply, or it does apply but the requirements of paragraph (3) have not been met,

the abatement notice shall be suspended until the appeal has been abandoned by the appellant or decided by the court.

(2) This paragraph applies where—

(a)the nuisance to which the abatement notice relates—

(i)is injurious to health; or

(ii)is likely to be of a limited duration such that suspension of the notice would render it of no practical effect; or

(b)the expenditure which would be incurred by any person in the carrying out of works in compliance with the abatement notice before any appeal has been decided would be proportionate to the public benefit to be expected in that period from such compliance.

(3) Where paragraph (2) applies the abatement notice—

(a)shall include a statement that paragraph (2) applies, and that as a consequence the abatement notice shall have effect notwithstanding any appeal to a court of summary jurisdiction which has not been decided by the court; and

(b)shall include a statement as to which of the grounds set out in paragraph (2) apply.

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