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
Cumming-Bruce LJ said: ‘The planning authority has no jurisdiction to authorise a nuisance save (if at all) in so far as it has statutory power to change the character of a neighbourhood.’
Judges:
Cumming-Bruce LJ
Citations:
[1980] QB 156
Jurisdiction:
England and Wales
Cited by:
Cited – Watson and others v Croft Promo-Sport Ltd CA 26-Jan-2009
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 . .
Appeal from – Allen v Gulf Oil Refining Ltd HL 29-Jan-1980
An express statutory authority to construct an oil refinery carried with it the authority to refine. It was impossible to construct and operate the refinery upon the site without creating a nuisance. Lord Wilberforce said: ‘It is now well settled . .
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 – Lawrence and Another v Fen Tigers Ltd and Others QBD 4-Mar-2011
The claimants had complained that motor-cycle and other racing activities on neighbouring lands were a noise nuisance, but the court also considered that agents of the defendants had sought to intimidate the claimants into not pursuing their action. . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Planning
Updated: 07 May 2022; Ref: scu.280164