000 01290cab a2200181 4500
001 ##L132015
008 051221n2005 000 0 eng u
035 _a(Sirsi) u132015
041 0 _aeng
100 1 _aBrewer, Geoff
245 0 0 _aNuisance by noise transmission
260 _c2005
490 0 _aContract Journal
_v431(6552) 23 November 2005, 30(1)
520 _aOutlines the facts of, and comments upon, "Stannard v Charles Pitcher Ltd and Others", (QBD [2002] BLR 441). S sought a mandatory injunction requiring works to be carried out to the flat above, of which A was the lessee, to minimise noise nuisance. 'Held' that whilst flats in urban areas involve the tolerance of some level of noise, the impact noise in this case was above modern standards of acceptability and inconsistent with the provisions of the lease. In relation to nuisance, the reasonableness test applied. In this case, the standard of comfort previously enjoyed by S, and the standards envisaged by the lease which were available to the majority of tenants, were significant and important factors in deciding what was reasonable. A mandatory injunction was therefore granted.
650 2 4 _aSTANNARD V AL SHAREKH
690 _aBUILT ENVIRONMENT-CONSTRUCTION DESIGN-ACOUSTICS-NOISE POLLUTION
942 _n0
999 _c76307
_d76307