Wheeler v JJ Saunders [1995] 2 All ER 697

Court of Appeal

Basic Facts: A vet (C) sued for nuisance caused by pig pens set up by a business partner (D) on a farm. The nuisance included unpleasant smells and obstruction of a right of way.

Issue: When does a denial of access or unpleasant condition become actionable as a private nuisance?

Held: this was a nuisance and that it was no defence for Defendant to argue that it had gained statutory permission, since this did not change the character of the area from a residential one to an agricultural one

• Staughten LJ:

• Right of way claims are limited to easements necessary for reasonable enjoyment.

• Planning permission does not authorize a nuisance; it changes the neighborhood’s character.

• Gibson LJ:

• Planning permission affects how nuisance is assessed by reflecting the new character of the neighborhood.