Nuisance: Tort and Planning Permission
Nuisance
where the defendant's actions "materially affects the reasonable comfort and convenience of life of a class of plaintiff’s subjects"
"any continuous activity or state of affairs causing a substantial and unreasonable interference with a [claimant's] land or his use or enjoyment of that land"
Only those who have a legal interest in the affected land can sue
Public nuisance concerns protecting the public
private nuisance, which protects an individual.
SAME**
SLIDE 4: private nuisance, the claimant must show that the defendant's actions caused damage. or discomfort and inconvenience.
if a landowner knows or ought to know that their property may cease to support another's, they are required to take reasonable precautions or they will be liable. The test is whether or not the nuisance was reasonably foreseeable; if it was, the defendant is expected to avoid it if the defendant was using their land unreasonably and causing a nuisance, the defendant is liable even if they used reasonable care to avoid creating a nuisance. An occupier can also be liable for an interference that is naturally arising, assuming they are aware of the interference's existence and fail to take reasonable precautions,
SLIDE 5 character of an area
Wheeler v Saunders Ltd [1994] EWCA Civ 32 is an English Court of Appeal case on nuisance which amended the precedent set by Gillingham Borough Council v Medway (Chatham) Dock Co Ltd.[1] Wheeler was a veterinary surgeon who owned Kingdown Farm House; the wider farm was owned by J.J. Saunders Ltd, who used it for raising pigs. After Saunders gained planning permission for a pair of pig houses, Wheeler brought an action in nuisance, alleging that the smell of the pigs interfered with his use and enjoyment of the land. When the case went to the Court of Appeal, Saunders argued that the granting of planning permission for the pig houses had changed the nature of the area, as in Gillingham, making the nuisance
where the defendant's actions "materially affects the reasonable comfort and convenience of life of a class of plaintiff’s subjects"
"any continuous activity or state of affairs causing a substantial and unreasonable interference with a [claimant's] land or his use or enjoyment of that land"
Only those who have a legal interest in the affected land can sue
Public nuisance concerns protecting the public
private nuisance, which protects an individual.
SAME**
SLIDE 4: private nuisance, the claimant must show that the defendant's actions caused damage. or discomfort and inconvenience.
if a landowner knows or ought to know that their property may cease to support another's, they are required to take reasonable precautions or they will be liable. The test is whether or not the nuisance was reasonably foreseeable; if it was, the defendant is expected to avoid it if the defendant was using their land unreasonably and causing a nuisance, the defendant is liable even if they used reasonable care to avoid creating a nuisance. An occupier can also be liable for an interference that is naturally arising, assuming they are aware of the interference's existence and fail to take reasonable precautions,
SLIDE 5 character of an area
Wheeler v Saunders Ltd [1994] EWCA Civ 32 is an English Court of Appeal case on nuisance which amended the precedent set by Gillingham Borough Council v Medway (Chatham) Dock Co Ltd.[1] Wheeler was a veterinary surgeon who owned Kingdown Farm House; the wider farm was owned by J.J. Saunders Ltd, who used it for raising pigs. After Saunders gained planning permission for a pair of pig houses, Wheeler brought an action in nuisance, alleging that the smell of the pigs interfered with his use and enjoyment of the land. When the case went to the Court of Appeal, Saunders argued that the granting of planning permission for the pig houses had changed the nature of the area, as in Gillingham, making the nuisance