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Common Law Nuisance

Source: Noise Bulletin
December 2008

East Lindsey District Council and residents living nearby to a road serving a new recycling depot located on an industrial estate endured a 5 day High Court hearing that resulted in residents being awarded over £70,000 in damages and considerably more in costs.

Although an injunction was not granted, damages were awarded because the Council's 22 Refuse vehicles leave the site on a private road at around 06:30 in a 5-10 minute duration convoy. Although a planning application was made, no particular vehicle routing or noise conditions were imposed.

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