Overview
- Judge Milwyn Jarman KC ruled the council must redetermine whether repeated cat fouling in a Bedwas garden could be a statutory nuisance under section 79 of the Environmental Protection Act 1990.
- The judgment emphasized that the council previously assessed animal welfare and cats’ right to roam instead of deciding if the deposits were prejudicial to health.
- Caerphilly Council said it is considering the judgment and will take further appropriate action in due course.
- Complainant Richard Williamson sought judicial review after the council’s initial investigation, citing risks to his newborn and submitting what he says is CCTV evidence of recurring fouling.
- The court did not decide whether a nuisance exists and stressed the order does not indicate the outcome of the council’s pending redetermination.