Wheeler v Saunders Ltd [1994] EWCA Civ 32 (19 December 1994)

Wheeler v Saunders Ltd [1994] EWCA Civ 32 (19 December 1994)

No implied right of way existed over the south entrance as it was not necessary for the reasonable enjoyment of Kingdown Farm House; planning permission for the Trowbridge houses did not provide immunity from nuisance claims as it did not change the character of the neighbourhood, and planning authorities lack jurisdiction to authorise nuisance.

Citation
[1994] EWCA Civ 32
Parties
Plaintiffs: Dr. Wheeler and Mrs. Wheeler; First Defendant: J. J. Saunders Limited; Second Defendant: Kingsdown Farm Limited; Defendants: Trustees of the pension fund (third, fifth, sixth and seventh defendants)
Jurisdiction
England and Wales
Judgment Date
19 December 1994
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed on both issues.
Legal Topics
Easements, Nuisance, Planning Permission, Right of Way
Property Law Tort Law Planning Law Easements Nuisance Planning Permission Right of Way

Case Brief

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Parties

Dr. Wheeler and Mrs. Wheeler

Plaintiffs

J. J. Saunders Limited

First Defendant

Kingsdown Farm Limited

Second Defendant

Trustees of the pension fund (third, fifth, sixth and seventh defendants)

Defendants

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an implied right of way existed over the defendants' land from the southern exit of Kingdown Farm House to the B3371 road under the rule in Wheeldon v. Burrows and the conveyance.
  2. 2 Whether the grant of planning permission for the Trowbridge houses precluded liability in nuisance for smells emanating from pig farming operations.

Ratio Decidendi

No implied right of way existed over the south entrance as it was not necessary for the reasonable enjoyment of Kingdown Farm House; planning permission for the Trowbridge houses did not provide immunity from nuisance claims as it did not change the character of the neighbourhood, and planning authorities lack jurisdiction to authorise nuisance.

Court Disposition

Appeal dismissed on both issues.

Orders

  • Damages totalling £2820 to plaintiffs upheld.
  • Injunctions in three cases against defendants upheld.