Campaigners to lay complaint against council over barbecues and statutory nuisance

A campaign group has said it will ‘lay a complaint’ in the Magistrates’ Court against Islington Council over an alleged statutory nuisance from barbecues on Highbury Fields.

The Save Highbury Fields group had previously issued the local authority with a Sec 82 notice (Environmental Protection Act 1990) calling on it to abate the alleged nuisance within 21 days.

This time period has now expired and residents still complain of smoke (and other) nuisances, the group said.

The council reportedly does not consider that statutory nuisance has taken place. 

In an update on the Crowd Justice website, Michael Kuhn of the group said: “Our lawyer offered the council an opportunity to compromise in some way, to no avail. 

“So, unfortunately (and sadly), we will need to press on with our legal case.  The next step will be to 'lay a complaint' in the magistrates' court.”

So far the campaign has seen £8,655 pledged by 54 people on Crowd Justice towards its target of £10,000.

The Save Highbury Fields group said it comprised a group of residents who were “affected by the degradation of Highbury Fields, and who are deterred from using this invaluable green oasis because of the many barbecues that take place”.

It said there had been “a marked deterioration over the last six years since the ban was lifted in 2011” and anti-social behaviour on Highbury Fields had deteriorated. “In addition, the Fields have now become the barbecue destination by people from all over London (as most councils don't allow unrestricted barbecues). Professional caterers have now stepped in with their mega-barbecues.”

The group, which is being advised by law firm Richard Buxton Environmental and Public Law, said the council had ignored evidence on the issue.

“Regrettably, we feel that it is now necessary to take legal action. We have retained  lawyers experienced in this field who have advised us that there is a case for statutory nuisance in the magistrates' court (Environmental Protection Act 1990 - Sec 79). We have been reassured that by going down this route and should we lose, we would not be liable for the council's legal costs,” it added.

Cllr Claudia Webbe, Islington’s executive member for environment, said: “Allowing barbecues in our parks and open spaces has been incredibly popular. Most people living in Islington don’t have a garden, and this gives everyone a chance to enjoy a barbecue with friends and family in our open spaces.

“We believe our policy is right, and we stand by it and are happy to explain and defend it. We expect anyone who barbecues to do so responsibly, cleanly and safely, and we have taken extra steps at Highbury Fields including barbecue disposal bins and extra patrols on busy days in the summer.”