Consistory court addresses tort of nuisance

The building works considered in the recent judgment Re St. Paul North Shore Blackpool [2024] ECC Bla 6 raised the possibility of an action in common law nuisance by the complainants, and the associated human rights implications.

Background

The church of St. Paul North Shore Blackpool was formerly a church hall built in 1898 and became a parish church after the original church was demolished in about 1992. The unlisted building has no special architectural or historic, and no significant archaeological interest [1]. The parish is in one of the most deprived areas of the country, and the church is very much needed for all age groups.

The church building is open for worship services on Sundays and Wednesdays, and also every other day for community activities. The toilets serving the building are long past their best, with tiles falling off the ceilings and the plaster around the windows falling out. the parish also need to provide meeting spaces for local groups, and a safe space for people to have conversations about occasional offices and pastoral concerns [2].

The petitioners sought to convert the existing men’s toilet block on the north of the altar into an office and to rebuild the ladies’ toilets, at present on the south side of the altar, as four unisex toilets including one with wheelchair access [3]. There is a private house adjoining the ladies’ toilets. Continue reading