The Court of Appeal held that the use of this easement was not necessary for the enjoyment of the property. On the matter of the nuisance, the defendants relied on "Gillingham Borough Council v Medway (Chatham) Dock Co Ltd", where it was held that the granting of planning permission had changed the area in such a way that what would previously have been a nuisance was not. The defendants argued that the granting of planning permission for their pig houses authorised the nuisance in line with "Gillingham". This argument was rejected by the Court of Appeal, which held that the granting of planning permission for a pair of pig houses did not alter the area in the same way that the granting of planning permission for a commercial dock had in "Gillingham".