The claimants were neighbours of the Croft motor racing circuit. They alleged nuisance in the levels of noise emanating from the site. The defendants denied nuisance saying that the interference was deemed reasonable since they operated within the planning permissions governing the use of the circuit. Both parties appealed against an order finding nuisance but awarding damages in lieu of an injunction.
Held: The grant of planning permission as such does not affect the private law rights of third parties. The real question was as to whether the character of the area had changed over time. That was a question of fact with which the appeal court would not interfere. Similarly the judge had adopted his measures of noise on a reasoned basis and had visited the site. The nuisance was established. The judge was wrong however not to have granted an injunction restricting the defendants to their core activities.
Sir Andrew Morritt, Chancellor of the High Court,
[2009] EWCA Civ 15, [2009] NPC 15, [2009] 18 EG 86, [2009] 3 All ER 249
Bailii
England and Wales
Citing:
Cited – Allen v Gulf Oil Refining Ltd CA 1980
The exercise of the permission to develop granted by the local planning authority may have the result that the character of the neighbourhood changes and that which would previously have been a nuisance must be held no longer to be so
Cited – Gillingham Borough Council v Medway (Chatham) Dock Co Ltd 1992
The grant of planning permission does not of itself sanction or otherwise endorse an activity which is causing a nuisance to neighbouring properties. Buckley J said: ‘If a planning authority grants permission for a particular construction or use in . .
Cited – Hunter and Others v Canary Wharf Ltd HL 25-Apr-1997
The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit . .
Cited – Hunter and Others v Canary Wharf Ltd; Same v London Docklands Development Board CA 13-Oct-1995
A release of dust over neighbouring properties can be a nuisance but not a blocking of TV reception signals. No action lay in private nuisance for interference with television caused by the mere presence of a building. ‘A substantial link between . .
Cited – Wheeler and Another v JJ Saunders Ltd and Others CA 19-Dec-1994
The existence of a planning permission did not excuse the causing of a nuisance by the erection of a pighouse. The permission was not a statutory authority, and particularly so where it was possible it had been procured by the supply of inaccurate . .
Cited – Shelfer v City of London Electric Lighting Company, Meux’s Brewery Co v Same CA 1895
The plaintiff sought damages and an injunction for nuisance by noise and vibration which was causing structural injury to a public house.
Held: The court set out the rules for when a court should not grant an injunction for an infringement of . .
Cited – Dennis and Dennis v Ministry of Defence QBD 16-Apr-2003
The applicants owned a substantial property near an airbase. They complained that changes in the patterns of flying by the respondents were a nuisance and sought damages. Walcot Hall was subjected to very high noise levels from military aircraft. . .
Cited – Jaggard v Sawyer and Another CA 18-Jul-1994
Recovery of damages after Refusal of Injunction
The plaintiff appealed against the award of damages instead of an injunction aftter the County court had found the defendant to have trespassed on his land by a new building making use of a private right of way.
Held: The appeal failed.
Cited – Regan v Paul Properties DPF No 1 Ltd and others ChD 27-Jul-2006
The claimant sought an injunction claiming that new building works were a nuisance in breaching his rights of light.
Held: The claim for an injunction failed. Whatever may be the position in cases of other wrongful conduct, in the case of an . .
Cited by:
Cited – Coventry and Others v Lawrence and Another SC 26-Feb-2014
C operated a motor racing circuit as tenant. The neighbour L objected that the noise emitted by the operations were a nuisance. C replied that the fact of his having planning consent meant that it was not a nuisance.
Held: The neighbour’s . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Planning
Leading Case
Updated: 11 November 2021; Ref: scu.280145
