The assessment of whether a use of land is a 'natural use' for the purposes of the Gartner v Kidman surface water principles must be reassessed when the purpose for which the land is used changes; structures that were reasonably necessary for a prior use (here, a railway) may constitute an unreasonable use once the land is put to a different purpose (here, a recreational facility), particularly where the landowner is aware of ongoing damage to neighbouring land. The question whether the Sedleigh-Denfield duty to abate known nuisances qualifies the Gartner principles was left open as a matter for the High Court.
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