Whether there is a noise nuisance or not has no influence on the legal action. The legal action is about the restrictive covenant.

There is obviously a lot of emotion on both sides of this disagreement, but I didn't witness vitriol and ranting by the neighbour who is taking the action.

Another interesting point was that N.o. 5 Liphook Crescent (Piplings nursery) has not been lived in since Oct 2011. The reason given for this was that Mr & Mrs Lee had found the situation that has arisen very stressful and so had moved out. This makes me wonder whether they will ever feel able to return as even if they are successful in changing the covenant on the property the feelings of neighbours will not have changed.

I did want to ask whether the planning permission granted for the nursery means that the property is now considered a commercial premises rather than residential?