Licences, Permits, Liability, Remedies, Evidence, Property

The respondent was a dealer in electric and electronic appliances and accessories and ran a workshop for electrical and electronic appliances. For these activities he held licences. The applicants meant that the vehicles outside the workshop took up space outside the area of the workshop and that the activities caused constant noise pollution.

The Court did not find that the applicants had established an unusually clear and strong case as to justify the issue of the mandatory orders prayed for.  For example, out of the 3 visits made by a consultant on occupational health, there was only any noise made in one of the cases. Even less nuisance was reported by the Police de l’Environnement on his surprise visits. It also weighed in that the respondents had all the necessary permits and licences.

The application was therefore refused.