Gillingham Borough Council -v- Medway (Chatham) Dock Co Ltd; CA 1992

Neighbours complained at the development of a new commercial port on the site of a disused naval dockyard. Heavy vehicle traffic at night had a seriously deleterious effect on the comfort of local residents.
Held: Although a planning consent could not authorise a nuisance, it could change the character of the neighbourhood by which the standard of reasonable user fell to be judged.

Court: CA
Date: 01-Jan-1992
Judges: Cumming-Bruce LJ
References: [1992] 3 All ER 923, [1993] QB 343, [1992] 3 WLR 449
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