Public Nuisance

Question 1

A.G. v. P.Y.A. Quarries

Answer 1

The defendants operated a quarry and used a blasting technique which emitted large quantities of dust and noise, as well as causing vibrations which interfered with the enjoyment of land for many individuals in the area. The claimants sought an injunction preventing the continuation of a public nuisance as a result. The defendant’s alleged that what was being carried out was in fact a private nuisance which effected only those in the area and that they were therefore not bound by the injunction prohibiting ‘public nuisance’ as a result

Held - The blasting operation was capable of constituting a public nuisance and the injunction could be granted to prevent it.

Question 2

What is public nuisance?

Answer 2

public nuisance, where the defendant’s actions “materially affects the reasonable comfort and convenience of life of a class of Her Majesty’s subjects”