Ray v. Windrush Properties Ltd

In this pre-Fearn case, the parties owned neighbouring properties on the High Street of a Cotswolds tourist town. The claimant let out her property as an eco-friendly holiday retreat, but in 2017 the defendant converted its property into a large fish and chip restaurant and take-away to be sold to a pub chain. Without obtaining planning consent, it installed mechanical plant which included extractor fans and air conditioning units. The judge decided that it was unreasonable for the claimant to expect the standard of quiet to which she thought she was entitled, given the nature and character of the area and the fact that she did not occupy the premises (but wanted to let it). Her claim was presented from a position of “delicacy or fastidiousness” (Walter v. Selfe applied).