PART 2Principal Powers
Defence to proceedings in respect of statutory nuisance8.
(1)
(a)
the defendant shows that the nuisance—
(i)
(ii)
is a consequence of the construction or maintenance of the authorised project and that it cannot reasonably be avoided; or
(b)
the defendant shows that the nuisance—
(i)
relates to premises used by the undertaker for the purposes of or in connection with the use of the authorised project and that the nuisance is attributable to the use of the authorised project which is being used in compliance with requirement 27 (control of noise during operational phase and during maintenance); or
(ii)
is a consequence of the use of the authorised project and that it cannot reasonably be avoided.
(2)
Section 61(9) of the Control of Pollution Act 1974 does not apply where the consent relates to the use of premises by the undertaker for purposes of or in connection with the construction or maintenance of the authorised project.