Are you concerned that your business is causing a nuisance which could lead to a complaint or action being taken against you?

With considerable pressure for new housing in the region, several of our clients, and businesses in general, have raised concerns over the potential impact that new housing close to their industrial or factory unit could cause.

Town centre businesses have also become concerned over the ability under the present planning regime for offices to be converted into flats. A flat or home owner could make a nuisance complaint to their local authority, or take action for a private nuisance claim against a business, even if that business has been operating on the same basis for decades before the residential occupier moved in. The local authority must investigate any complaint, and if they decide that a nuisance does exist, or is likely to occur or recur, they must serve an abatement notice on the business to remedy that nuisance.

In the old days, the business could rely on a legal doctrine that the person complaining had ‘come to the nuisance’. Now-a-days that defence is rejected by the courts.

The development control regime and the ‘agent of change’ principle places responsibility on the promoter of a new noise-sensitive development to ensure occupants will not be adversely affected by existing noisy adjacent use. However, if a residential developer satisfies the local planning authority that it has developed in accordance with imposed mitigation measures, that will not entirely eliminate the risk that a resident will not experience some form of nuisance and bring a nuisance claim.

Expert legal advice can assist in looking at the issues and possible solutions, to ensure that your business can continue to operate as it wishes. I am based at our Chelmsford office and can be reached on 01245 453826 or ​david.rayner@birkettlong.co.uk.