Watkins v Aged Merchant Seamen's Homes [2018] EWHC 2410 (Admin) (17 April 2018)

Watkins v Aged Merchant Seamen's Homes [2018] EWHC 2410 (Admin) (17 April 2018)

A complainant is ordinarily a 'person aggrieved' for the purposes of section 82(1) of the Environmental Protection Act 1990 if in actual occupation of the premises at the time of complaint, regardless of whether that occupation is lawful, especially where the legality of occupation is genuinely disputed. The magistrates erred in requiring a right to remain as a precondition for standing.

Citation
[2018] EWHC 2410 (Admin)
Parties
Appellant: Lucy Watkins; First Respondent: Aged Merchant Seamen's Homes; Second Respondent: Historic Property Restoration Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2018
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal From Magistrates' Court
Outcome
Appeal allowed; magistrates' decision set aside; matter remitted to a differently constituted magistrates' court.
Legal Topics
Statutory Nuisance, Standing (locus Standi), Environmental Protection Act 1990, Person Aggrieved, Abatement Orders
Environmental Law Administrative Law Landlord and Tenant Statutory Nuisance Standing (locus Standi) Environmental Protection Act 1990 Person Aggrieved Abatement Orders

Case Brief

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Parties

Lucy Watkins

Appellant

Aged Merchant Seamen's Homes

First Respondent

Historic Property Restoration Limited

Second Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether a person in unlawful or disputed occupation of premises can be a 'person aggrieved' under section 82(1) of the Environmental Protection Act 1990 and thus have standing to bring a statutory nuisance complaint.

Ratio Decidendi

A complainant is ordinarily a 'person aggrieved' for the purposes of section 82(1) of the Environmental Protection Act 1990 if in actual occupation of the premises at the time of complaint, regardless of whether that occupation is lawful, especially where the legality of occupation is genuinely disputed. The magistrates erred in requiring a right to remain as a precondition for standing.

Court Disposition

Appeal allowed; magistrates' decision set aside; matter remitted to a differently constituted magistrates' court.

Orders

  • Set aside the decision of the Sunderland Magistrates' Court.
  • Remit the matter to a differently constituted magistrates' court for determination.