Q&As

Where a person lives next to a children’s play area and they are disturbed during the day by the noise of the children playing and in the evening by teenagers/young adults congregating there. What are their legal remedies, including requiring the council to take action?

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Published on LexisPSL on 02/05/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • Where a person lives next to a children’s play area and they are disturbed during the day by the noise of the children playing and in the evening by teenagers/young adults congregating there. What are their legal remedies, including requiring the council to take action?
  • Private nuisance
  • Statutory nuisance
  • Night-time noise

Private nuisance

The scenario described in this Q&A may involve a private nuisance, which is an unreasonable interference with a person’s enjoyment of their land or some right over or in connection with it, usually caused by noise or smell or by actual physical damage to their property. A civil claim can be brought by a person connected with the property affected claiming an injunction restraining the nuisance and/or damages. Whether a particular activity causes a nuisance often depends on an assessment of the locality in which the activity concerned is carried out. The court will carry out a balancing act, weighing the interests of the claimant in enjoying their land against the interests of the defendant in enjoying theirs.

In assessing the interests of the parties, the test of reasonableness is applied by the court and a variety of factors such as below are taken into account:

  1. ordinary user

  2. locality

  3. duration

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