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infringing any statute, difficulties arose where an unsuitable building
was adapted or the neighbourhood was unsuitable, as in the case
of a large private house in Amhurst Road, which had similar houses
on each side. In 1928 an aerated water factory was built at the side
of this house, and also a garage/stable which was placed in the garden
abutting immediately on the garden of the adjoining property.
The ostensible access to this stable was from a rear passage out of
Downs Park Road. The establishment of this business, in itself
naturally a grievance to the adjoining household, was aggravated
by the fact that the owner of the factory found it convenient,
owing to the arrangement of the premises, to bring his horse through
the factory instead of using the rear passage. The owner was warned
against continuing this practice and was not afterwards observed
by the district sanitary inspector to do this, but the neighbouring
owner complained that it still occurred occasionally at about
10 p.m. Factories so constructed that it was more convenient to
bring horses to their stable through the factory itself than by any
other route were, in my opinion, undesirable.
Apart from any statutory nuisance or danger to health which
might arise from the unsatisfactory siting of industry, it is a great
misfortune to a person who, having purchased a house in what he
believes is likely to remain a residential neighbourhood, finds a
large well-built house next door converted into a cabinet-making
or aerated water factory, as in the case already mentioned. Such
a happening may obviously cause a serious depreciation in the value
of the property, as well as actual discomfort. Depreciation arising
from such a cause did occur in Leadale Road owing to the manner
in which the establishment of timber works at the back of that
road was permitted. The area of the site of one of the established
works was about 640 feet by 140 feet, and against the fence at the
bottom of the thirty-five feet of garden that each adjoining house
possessed the owners of the works placed various sheds for the
purpose of their business, from the point of view of the owners of
the houses the most unfortunate position possible on the site.
The annoyance, if not statutory nuisance, can be judged by
the following extract from a letter received from the occupier of an
adjoining house:—
"You are probably aware that within the last twelve
months certain saw mills have been erected at the back of the
above road, facing the river. The last to be completed is
owned by , whose works adjoin the garden fences.
From this building there is emitted every day thick volumes
of smoke and soot, which make it impossible not only to use
the garden, but even to obtain requisite ventilation for the
back rooms. This same firm have a practice of lighting a