“…In Barr v Biffa Waste Services Ltd [2012] EWCA Civ 312, [2013] QB 455, the Court of Appeal reversed the decision of the trial judge that the defendant was not liable in private nuisance for odours caused by the tipping of waste. …”
“…s not turn on any exceptional sensitivity or insensitivity of the person entitled to exclusive possession: Barr v Biffa Waste Services Ltd [2012] EWCA Civ 312, [2013] QB 455 at [36]. What is relevant is the objective effect on the amenity value of the land itself, and it is that effect which satisfies any requirement there may be t…”