Nuisance (business) Neighbour? Some Useful Guidance

Whilst the majority of disputes about nuisance (i.e. causing an unreasonable disturbance through sound, smoke or smells) involve residential properties, what happens when business occupiers fall out? A recent case, Ray v Windrush Riverside Properties Ltd provides some useful guidance.

The facts

Mrs Ray bought her property in the High Street in Bourton on the Water in the early 2000s. As a keen environmentalist she adapted the property to highlight the benefits of leading a 'greener' lifestyle. In 2015 she applied to convert the property into a holiday letting. It was marketed as being an eco-friendly holiday retreat with a "tranquil, fresh-air garden".

Windrush bought an adjoining property is 2006. At the time of its purchase the site comprised a restaurant and a newsagent. When the newsagent tenant gave up their lease in 2017, Windrush decided to extend the restaurant building and convert the shop unit into a fish and chip shop. It obtained the necessary