TLERA indicate that other businesses on the estate have nothing to fear, as long as they are not causing a nuisance. But in fact, this action is being brought against the nursery on the breach of covenant on the business aspect only . Therefore evidence showing lack of noise/nuisance from the nursery is not relevant in the case and cannot be submitted. This would be the case for any business run on the estate. The simple question is, "Do you run a business from your home?" and if the answer is yes, then you breach the covenant and the judge can choose to injunct.

TLERA also suggest that no-one need worry as other neighbours wouldn't go to the expense of injuncting, just because there is a business next door. Again this isn't true as the neighbour can act with a conditional fee agreement (like "no win, no fee") significantly reducing any costs on their part, whilst the business in question must pay costs all the way through.

The owner of Piplings is a sole trader, and much of the property remains residential (with sole residential use evenings and weekends). This is not so different to all the other sole trader businesses running in the area. Some others (music teachers etc) could be seen to cause more disturbance as their busiest hours are evenings and weekends.