Learning at Work

Nuisance: Update on changes to law and practice

An Englishman may like to think of his home as a castle, but there seems to be an ever-increasing prospect that invasion by nuisances such as noise from wind turbines, or spreading invasive species, most notoriously Japanese knotweed, may confront the unfortunate owner or occupier. In 2014, in the case of Coventry v Lawrence, the UK Supreme Court made a number of changes to long-established principles in the law of nuisance. The flexible approach the Court adopted to its choice of remedies makes it difficult to predict the outcome of future court proceedings. Later in 2014 the Government’s reform of anti-social behaviour powers introduced the prospect of criminal action against nuisance neighbours allowing Japanese knotweed to spread from their land. Where do these changes leave the professional adviser? When the remedy is damages, how should diminution in value be assessed?

The course covers:

  • statutory and private nuisance
  • the implications of Coventry v Lawrence
  • the relevance of planning permission as a defence
  • consideration of alternative remedies
  • assessing diminution of value
  • case studies

Philip Santo is a residential surveyor and valuer who is a regular speaker at CPD training and conference events. He is a leading expert on the impact of Japanese knotweed on the value of residential properties and he advises and writes on a range of professional subjects, including the Case Notes series in the RICS Property Journal.

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Speaker

Philip Santo FRICS, Managing Director, Santo and Co


Venue

The Potters Heron Hotel nr Romsey SO51 9ZF


Date

Wednesday 22 November 2017, 1:50pm–5:10pm


Course code

1218