A local authority cannot act in respect of an alleged statutory nuisance in circumstances where persons of ordinary sensitivity would not be aggrieved. Nor is there anything in the Human Rights Convention requiring regard to be had to a sensitivity peculiar to the person who brings the initial complaint: see R (on the application of Anne) v Test Valley Borough Council [2001] EWHC Admin 1019; [2001] 48 EG 127 (CS).
Unfortunately, although unavoidably on the state of the evidence, the court could not look more fully into the complainants’ allegation that they would not have developed the allergy in question if the nuisance had not been present. The court was solely concerned with the rationality of the council’s decision not to serve an abatement notice.
A local authority cannot act in respect of an alleged statutory nuisance in circumstances where persons of ordinary sensitivity would not be aggrieved. Nor is there anything in the Human Rights Convention requiring regard to be had to a sensitivity peculiar to the person who brings the initial complaint: see R (on the application of Anne) v Test Valley Borough Council [2001] EWHC Admin 1019; [2001] 48 EG 127 (CS).
Unfortunately, although unavoidably on the state of the evidence, the court could not look more fully into the complainants’ allegation that they would not have developed the allergy in question if the nuisance had not been present. The court was solely concerned with the rationality of the council’s decision not to serve an abatement notice.
