Defences

Question 1

Statutory permission

Answer 1

Civil Aviation Act 1982
Cannot claim for aircraft flying overhead

Question 2

Allen V Gulf Oil

Answer 2

Built oil refineries for purposes of operating, C complained saying there was no permission to operate
HoLs claimed intention of parliament was to allow the refinery to be in operation

Question 3

Wheeler V JJ Saunders

Answer 3

Pig farmer was granted permission to build pig houses one being 11 meters from neighbours -> brought a claim
CoA decided granting planning permission doesn’t give immunity from an action of nuisance

Question 4

Ineffective defences

Answer 4

Coming to nuisance- Sturges V Bridgman
Public benefit- my not be cited as a direct offence, may be less likely that the actions will be regarded as unreasonable
Actions of others- D cannot argue his actions alone wouldn’t have caused a nuisance if he took part in a collective nuisance