Tuesday, 29 January 2013

Here first?

-          The site at Lumley Sixth Pit Industrial Estate was originally chosen due to its good transport links close to the A1 and A19, its location away from urban areas (i.e. not in close proximity to residential properties)…………it is also important to note that the majority of stakeholders who have expressed concerns relating to the proposed development reside within this later residential development

The above text is an extract from the revised plan. Most of the Objections are from the Estate which was not there when Par set up their operation, this is an important point it insists. However, apart from our views not being important there is also legal precedence.

I would like to bring to your attention to two landmark cases heard at the Court of Appeal of England and Wales on nuisance and negligence (and are therefore relevant to this application) - Sturges v Bridgeman (1879) and more recently Miller v Jackson (1977) - as they decided that what constitutes reasonable use of ones property depends on the character of the locality and that it is not a defence to simply claim "I was here first".

Two days to go

1 comment:

  1. They are specific that the objections have come from the subsequently developed site. Yes your neighbours!


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