Hi guys I would totally appreciate any advise on the following fact pattern
M is the proprietor of the a Dance Studio. M hosts this studio in premises she rents from C Council. The lease states that M should not sub let the premises but M allows A (a professional sound engineer) to operate a small recording facility, where he records local bands. The Dance Studio is on the outskirts of , a small market town. The premises were light industrial (you should assume appropriate planning permission was obtained for their present use) and the area more generally is surrounded by other light industrial (owned by the local authority), retail and residential units.
Recently C Council granted itself planning permission to demolish some of the abandoned industrial units which it owns and build an incinerator. It employed WFE Inc. to design and build the project. C Council retained ownership and operational responsibility for the incinerator once the build was complete.
Two years after it was built, M began to notice that smells from the incinerator have been significantly affecting the numbers of clients attending her dance studio. A has also noticed that the quality of his recordings are deteriorating as a result of the noise from lorries delivering waste to the incinerator, together with other large industrial noises at the right frequency to interfere with his recording equipment. A has tried installing additional sound proofing to combat this, but it has not worked.
Last Wednesday, a serious equipment failure caused large amounts of ash to be deposited in the surrounding local area. It seems this was caused by a defect in the building of the incinerator which has only just materialised. The ash also penetrated some of A's recording equipment causing extensive damage.
Advise from all angles !!
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- Thread Starter
- 24-01-2017 15:10
Offline20ReputationRep:Community AssistantPS Reviewer
- Community Assistant
- PS Reviewer
- 26-01-2017 18:21
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