If something has occurred for 20 years or more without objection, then it is likely there will be no claim as the area has changed in nature
Prescription - Sturges v Bridgman
F: dr Built consulting room in his garden next to Sweet factory and claimed because of vibrations.
LP: rule that factory had been an operation for a long time with nocomplaint- would need to be 20 years for no nuisance
Statutory Authority:
if the law outlines another way of resolving the issue or there are reasons written down in law for the nuisance and there is likely to be a defence
Planning
if planning application is approved and changes the nature of the area then subsequent noise/traffic etc will probably not be deemed nuisance
E.g. Allen v Gulf oil Refinery
Allen v Gulf Oil Refinery
F: residence near oil refinery bought a nuisance action.D’s statutory for a teacher to acquire the site and build a refinery, but not express permission to operate it
LP: if planning application is approved the nature of area has changed. (Is defence )
if the area is unchanged by planning permission, then nuisance can be used
Coventry v Lawrence:
F: d bought a stadium in 2005 and had permission from 1975 from motorsports
Lp: claimant allowed an injunction limiting wage as the area was still considered rural in nature
