A council that constructs drainage works discharging stormwater onto or at the boundary of private land without making provision for the consequences is liable in nuisance; the nuisance is not an inevitable consequence of exercising statutory powers where the council could have avoided the harm. The 'good faith' defence under s 733 of the Local Government Act 1993 is not available where the council created the nuisance and showed signal disregard for the landowner's interests, even if it had budgetary constraints. A nuisance does not cease to be a nuisance because the plaintiff takes steps to overcome the result of the defendant's conduct.
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