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Nuisance – Noise. In a case concerning private nuisance, the Supreme Court provided guidance on the following issues: (i) the extent, if any, to which it was open to a defendant to contend that he had established a prescriptive right to commit what would otherwise be a nuisance by means of noise; (ii) the extent, if any, to which a defendant to a nuisance claim could rely on the fact that the claimant 'came to the nuisance'; (iii) the extent, if any, to which it was open to a defendant to a nuisance claim to invoke the actual use of his premises, complained of by the claimant, when assessing the character of the locality; (iv) the extent, if any, to which the grant of planning permission for a particular use could affect the question of whether that use was a nuisance or any other use in the locality could be taken into account when considering the character of the locality; and (v) the approach to be adopted by a court when deciding whether to grant an injunction to restrain a nuisance being committed, or whether to award damages instead, and the relevance of planning permission to that issue.
Nuisance – Noise. In a case concerning private nuisance, the Supreme Court provided guidance on the following issues: (i) the extent, if any, to which it was open to a defendant to contend that he had established a prescriptive right to commit what would otherwise be a nuisance by means of noise; (ii) the extent, if any, to which a defendant to a nuisance claim could rely on the fact that the claimant 'came to the nuisance'; (iii) the extent, if any, to which it was open to a defendant to a nuisance claim to invoke the actual use of his premises, complained of by the claimant, when assessing the character of the locality; (iv) the extent, if any, to which the grant of planning permission for a particular use could affect the question of whether that use was a nuisance or any other use in the locality could be taken into account when considering the character of the locality; and (v) the approach to be adopted by a court when deciding whether to grant an injunction to restrain a nuisance being committed, or whether to award damages instead, and the relevance of planning permission to that issue.
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