East Dorset District Council v Eaglebeam Ltd
High Court
Citations: [2006] EWHC 2378 (QB); [2007] LLR 154; [2007] Env LR D9; [2007] CLY 1531.
Facts
Several people lived in a residential area near a site which the defendant licensed for various sporting activities, including motocross racing. The local authority brought an action in public nuisance against the defendant after the residents complained about the noise. The defendant had taken some steps to reduce the noise after being issued with an abatement order.
Issue(s)
- Was the noise a public nuisance?
Decision
The High Court held in favour of the local authority. The noise was a public nuisance due to its excessive volume and frequency.
This Case is Authority For…
Noise is an actionable form of interference. An interference can be unreasonable even if the defendant takes steps to be considerate of others, if the activity remains excessive for the locality.
Other
This case demonstrates that the number of people affected does not need to be high for there to be a public nuisance. Only a ‘substantial number of houses’ were affected by the noise.
