Andrew Ross contributes to a legal Q&A in Estates Gazette on nuisance claims
min readDust emissions from industrial sites may give rise to a nuisance claim where they substantially interfere with the ordinary use and enjoyment of neighbouring land. Establishing nuisance requires a fact-specific assessment, with courts considering the nature of the locality, the extent of the interference and the impact on affected residents.
Compliance with environmental permits and planning consents does not automatically prevent a nuisance claim. Liability will depend on whether the interference exceeds what an ordinary person in the claimant's position should reasonably be expected to tolerate, taking account of the surrounding circumstances and the character of the area.
Recent case law continues to emphasise the high threshold required to establish nuisance. Assessments are made objectively and often involve detailed expert evidence regarding the source, frequency and impact of the alleged interference. Businesses facing potential claims should therefore be prepared to obtain technical evidence in support of their position.
Andrew Ross, Partner in our Real Estate Disputes team, contributes to an Estates Gazette Q&A about nuisance claims.
Read the full article in Estates Gazette here (subscription required).
