Property, Human Rights, Permits

The applicant sought an order to prohibit the respondent from running a cabinet workshop where electric motors had been installed. The applicant furthermore meant that the operation of the cabinet workshop would be a source of nuisance consisting of noise and dust that would negatively affect the health of people in this residential area.

The respondent meant that the applicants’ property was at a considerable distance from the site where the workshop would operate, and that several workshops already existed in the area. The respondent stated that the existing workshops already caused a lot of noise, as well as a busy nearby road. Therefore the workshop would not cause a nuisance.

The Court took into account the need for economic development and fast industrial development in the country. It meant that some environmental inconvenience should not be used as a reason to deprive a person of his or her livelihood. This was also supported by the human rights principles of the country.