Judge allows people to use private property as toilet

Cherry Pusey
By: David Ross

A couple will continue to have their house used as a public toilet.

John Pusey and his wife Cherry spent 10 years trying to stop passing motorists from using the bottom of their garden as a public toilet.

But while the Supreme Court agreed that it was annoying, the judges ruled the "comfort breaks" do not amount to a "nuisance."

They dismissed claims by the couple to close the rest area beside the road, leaving them with a huge legal bill.

Mr. and Mrs. Pusey had become so sick of drivers using their garden as a toilet they put a camera and caught more than 500 people on the spot near their garden in Exmoor National Park, near Minehead, Somerset.

Furthermore, they claim they were threatened with a firearm while investigating a van parked in the rest area and assaulted after trying to block a motorist from urinating at the sight of the front door of their house.

The rest area on the B3224 had become a focus for theft, vandalism, littering behavior and anti-social behavior, including loud music, shouting and swearing, they said.

Armed with an edited DVD of the evidence the couple tried to get the rest area closed by the Highway Authority and when that did not happen they went to court.

They argued that the standard pit stop interfered with their "reasonable enjoyment" of their home, making it impossible for them to relax at home and their garden.

However, the judges refused to order the Somerset County Council to close the rest area, Appeal Court judges ruled that, despite everything the couple had suffered, the bad behavior of motorists do not amount to a "nuisance" in the eyes of the law.

The failure of three of the country's top judges finally brings to a halt the campaign to close the rest area.



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