Best Practicable Means

Best practicable means (BPM) serves as a commonly utilised defence in cases concerning statutory nuisance actions linked to trade or business premises. It functions as a defence against prosecution and also provides grounds for appeal.

According to Part III of the Environmental Protection Act of 1990, BPM is defined as follows:

“Practicable” refers to actions that are reasonably achievable considering local conditions, circumstances, current technical knowledge, and financial implications. “Means” encompasses the design, installation, maintenance, operation methods, and timeframes of plants and machinery, as well as the design, construction, and upkeep of buildings and structures. It’s essential to note that invoking the BPM defence does not negate the existence of a statutory nuisance. Instead, it acknowledges that the defendant has taken the best feasible measures to prevent or mitigate the effects of the nuisance. However, this defence only applies if it aligns with any legally imposed duties and complies with safety standards.

The High Speed Rail (Crewe-Manchester) Environmental Statement, Glossary, abbreviations, and references, published by the Department for Transport in 2022, define best practicable means as “measures that are’reasonably practicable, having regard, among other things, to local conditions and circumstances, to the current state of technical knowledge, and to financial implications’.”