Watkins v Aged Merchant Seamen's Homes and another

Nuisance – Statutory nuisance. Whether a complainant was a 'person aggrieved' for the purposes of the s 82(1) of the Environmental Protection Act 1990 was always a question of fact and degree, and it was normally sufficient for a complainant to be a 'person aggrieved' if the complainant was in actual occupation, whether or not lawful occupation. The Administrative Court further held that, if the legality of the occupation was a matter of bona fide dispute at the time the complaint was made, then it was likely, though not axiomatic, that the complainant would be found to be a person aggrieved.

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