Best practicable means - Revision history

Designing Buildings at 08:40, 26 October 2022

2022-10-26T08:40:25Z

← Older revision		Revision as of 08:40, 26 October 2022
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	Best practicable means (BPM) is a widely-used defence that is available against statutory nuisance actions relating to trade or business premises. It is available both as a defence against prosecution and as grounds for appeal.		Best practicable means (BPM) is a widely-used defence that is available against statutory nuisance actions relating to trade or business premises. It is available both as a defence against prosecution and as grounds for appeal.

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	The defence of BPM does not negate the existence of a statutory nuisance, rather it recognises that the defendant should not be held liable for it since they have taken the ‘best practicable means’ to either prevent or counteract the effects of the nuisance. It is only applicable as far as it is compatible with any legally-imposed duty and has to conform with safety requirements.		The defence of BPM does not negate the existence of a statutory nuisance, rather it recognises that the defendant should not be held liable for it since they have taken the ‘best practicable means’ to either prevent or counteract the effects of the nuisance. It is only applicable as far as it is compatible with any legally-imposed duty and has to conform with safety requirements.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	NB [https://www.gov.uk/government/publications/glossary-abbreviations-and-references High Speed Rail (Crewe – Manchester) Environmental Statement, Glossary, abbreviations and references], published by the Department for Transport in 2022, states best practicable means is: ‘Defined in the Control of Pollution Act 1974 and Environmental Protection Act 1990. Used to describe measures that are ‘reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to financial implications’.’
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		+	See also:
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		+	* Best available techniques.
		+	* Best practicable environmental option.
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		+	= Related articles on Designing Buildings =

	* Abatement.		* Abatement.

Designing Buildings at 08:47, 24 November 2020

2020-11-24T08:47:27Z

← Older revision		Revision as of 08:47, 24 November 2020
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	The defence of BPM does not negate the existence of a statutory nuisance, rather it recognises that the defendant should not be held liable for it since they have taken the ‘best practicable means’ to either prevent or counteract the effects of the nuisance. It is only applicable as far as it is compatible with any legally-imposed duty and has to conform with safety requirements.		The defence of BPM does not negate the existence of a statutory nuisance, rather it recognises that the defendant should not be held liable for it since they have taken the ‘best practicable means’ to either prevent or counteract the effects of the nuisance. It is only applicable as far as it is compatible with any legally-imposed duty and has to conform with safety requirements.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Abatement.		* Abatement.
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	* Statutory obligations.		* Statutory obligations.

−	[[Category:Health_and_safety_/_CDM]] [[Category:Property_law]]	+	[[Category:DCN_Definition]] [[Category:Health_and_safety_/_CDM]] [[Category:Property_law]]

Designing Buildings at 09:17, 17 April 2018

2018-04-17T09:17:21Z

← Older revision		Revision as of 09:17, 17 April 2018
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	Best practicable means (BPM) is a widely-used defence that is available against statutory nuisance actions relating to trade or business premises. It is available both as a defence against prosecution and as grounds for appeal.		Best practicable means (BPM) is a widely-used defence that is available against statutory nuisance actions relating to trade or business premises. It is available both as a defence against prosecution and as grounds for appeal.

−	~~Under~~ Part III of the Environmental Protection Act 1990, noise may constitute a statutory nuisance. Where a local authority establishes a statutory nuisance, they may serve an abatement notice on the person responsible. Failure to comply with the notice could result prosecution.	+	Part III of the Environmental Protection Act 1990 defines BPM as:
−		+
−	~~The Act~~ defines BPM as:	+

	* ‘Practicable’ means reasonably practicable in terms of local conditions/circumstances, the current state of technical knowledge, and financial implications.		* ‘Practicable’ means reasonably practicable in terms of local conditions/circumstances, the current state of technical knowledge, and financial implications.
	* ‘Means’ refers to the ‘design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures.’		* ‘Means’ refers to the ‘design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures.’

−	The defence of BPM does not negate the existence of a statutory nuisance, rather it recognises that the defendant ~~shouldn’t~~ be held liable for it since they have taken the ‘best practicable means’ to either prevent or counteract the effects of the nuisance. It is only applicable as far as it is compatible with any legally-imposed duty and has to conform with safety ~~and safe-working conditions~~.	+	The defence of BPM does not negate the existence of a statutory nuisance, rather it recognises that the defendant should not be held liable for it since they have taken the ‘best practicable means’ to either prevent or counteract the effects of the nuisance. It is only applicable as far as it is compatible with any legally-imposed duty and has to conform with safety requirements.

	= Find out more =		= Find out more =

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2018-03-05T16:54:41Z

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Best practicable means (BPM) is a widely-used defence that is available against statutory nuisance actions relating to trade or business premises. It is available both as a defence against prosecution and as grounds for appeal.

Under Part III of the Environmental Protection Act 1990, noise may constitute a statutory nuisance. Where a local authority establishes a statutory nuisance, they may serve an abatement notice on the person responsible. Failure to comply with the notice could result prosecution.

The Act defines BPM as:

* ‘Practicable’ means reasonably practicable in terms of local conditions/circumstances, the current state of technical knowledge, and financial implications.
* ‘Means’ refers to the ‘design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and structures.’

The defence of BPM does not negate the existence of a statutory nuisance, rather it recognises that the defendant shouldn’t be held liable for it since they have taken the ‘best practicable means’ to either prevent or counteract the effects of the nuisance. It is only applicable as far as it is compatible with any legally-imposed duty and has to conform with safety and safe-working conditions.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Abatement.
* Damage caused by construction works.
* Noise.
* Nuisance.
* Quiet enjoyment.
* Statutory obligations.

[[Category:Health_and_safety_/_CDM]] [[Category:Property_law]]