Best practicable means
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.
Part III of the Environmental Protection Act 1990 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 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.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Strategies to help provide safer working conditions.
Protecting flora, fauna and the other natural features of Scotland.
Architecture considered somewhere between 'sublime and beautiful'.
BREEAM Case Study: CALISIA ONE
Polish piano factory revived through an energy-oriented tune up.
Dynamic architectural approach sets out to restore and improve the environment.
Entries accepted from 1 December 2020 to 14 April 2021.
Procedure discontinued for sale or re-mortgage of buildings without cladding.
The art of negotiation.
APPGI considers key issues for economic recovery.
International Fire Safety Standard - Common Principles
Progress made on global fire safety standard.
Why did it take 111 years to build this Victorian engineering marvel?
Fantastic cities from above but flawed on the ground.
ECA plans to Get Zero Carbon Done
Organisation unveils supporting tools and initiatives.