The claimants were neighbours to a car racing circuit. They complained of noise nuisance.
Held: Simon J said: ‘The Claimants’ objections are not to the car and motor-bicycle racing fixtures which amount to about 20 (N1 and N2) events each year (over approximately 45-50 days); but to the noise from the circuit’s other activities, in particular Vehicle Testing Days and Track Days (when members of the public drive vehicles at speed all day) at noise levels which reach N2-N4 levels.’
(1) a planning authority (including a minister and an inspector) have no jurisdiction to authorise a nuisance, though they may have the power to permit a change in the character of a neighbourhood and (2) the question whether a permissive planning permission has changed the character of a neighbourhood so as to defeat what would otherwise constitute a claim in nuisance is one of fact and degree.
Simon J
[2008] EWHC 759 (QB), [2008] Env LR 43, (2008) 152(18) SJLB 29, [2008] 3 All ER 1171, [2008] 2 EGLR 149
Bailii
England and Wales
Nuisance, Planning
Leading Case
Updated: 01 November 2021; Ref: scu.375092