RAY v WINDRUSH RIVERSIDE PROPERTIES LTD

[2022] EWHC 2210 (TCC), Technology and Construction Court, HH Judge Russen QC sitting as a Judge of the High Court, 23 August 2022

Private nuisance – Injunction – Reasonable user – Character of the locality

The claimant is the owner of property in Bourton-on-the Water. She did not live in the property but rented it out. The defendant is a property holding company and the complaint brought by the claimant related to the noise and the smells which emanated from the property owned by the defendant and which was operated by an associate company of the defendant as a restaurant and food takeaway business. A particular focus of the claim was the mechanical plant which had been installed without obtaining planning permission. The claimant sought a mandatory injunction to remove the mechanical plant and also sought to recover damages. The defendant for its part gave a number of undertakings to the court which included an undertaking not to use or allow the use of the mechanical plant by any tenant or occupant of the premises. However, this did not satisfy the claimant and the claim proceeded to trial.