6. Defences

• Main defences

  1. Prescription
  2. Planning permission
• What is meant by prescription?

  D can raise a full defence if he carried out the same nuisance against the same C for 20 years.
• Sturges v Bridgman [1879]


  D didn't have a prescribed right because C had just moved in.
• Wheeler v Saunders [1995]


  Planning permission doesn't automatically change the locality making the nuisance ordinary.