Niblock v Aberdeenshire Council

Environmental protection – Road and adjacent land – Litter abatement order. Sheriff Court: In an action in which the pursuer asked the court to make a litter abatement order in relation to an 6.8-mile stretch of the A96 dual carriageway in Aberdeenshire, the court was not satisfied that the pursuer had proved his case with regard to the area to which his complaint related, namely the entire 6.8-mile stretch of road and on that basis it refused his crave for a litter abatement order: and in any event the defenders had proved that it was not practicable for them to comply with their duties under s 89(1) and (2) of the Environmental Protection Act 1990 with regard to the entirety of that stretch of road at all times.

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