Jackson LJ set out the way in which planning consents would affect whether actions amounted to a nuisance: ‘I would summarise the law which is relevant to the first ground of appeal in four propositions. (i) A planning authority by the grant of planning permission cannot authorise the commission of a nuisance. (ii) Nevertheless the grant of planning permission followed by the implementation of such permission may change the character of the locality. (iii) It is a question of fact in every case whether the grant of planning permission followed by steps to implement such permission do have the effect of changing the character of the locality. (iv) If the character of a locality is changed as a consequence of planning permission having been granted and implemented then: (a) the question whether particular activities in that locality constitute a nuisance must be decided against the background of its changed character; (b) one consequence may be that otherwise offensive activities in the locality cease to constitute a nuisance.’
. . And ‘time does not run for the purposes of prescription unless the activities of the owner (or occupier) of the putative dominant land can be objected to by the owner of the putative servient land. The notion that an easement can only be acquired by prescription if the activity concerned is carried on ‘as of right’ for 20 years, ie nec vi, nec clam, nec precario, would seem to carry with it the assumption that it would not assist the putative dominant owner if the activity was carried on ‘of right’ for 20 years, as no question of force, stealth or permission could apply.’
Judges:
Jackson, Mummery, Lewison LJJ
Citations:
[2012] 3 All ER 169
Jurisdiction:
England and Wales
Citing:
See Also – Lawrence and Another v Fen Tigers Ltd and Others QBD 18-Oct-2010
Application to strike out passages from witness statements. . .
See Also – Lawrence and Another v Fen Tigers Ltd and Others QBD 18-Oct-2010
The court made orders to assist the future management of the case. . .
Appeal from – 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. . .
Cited by:
Cited – Thomas and Another v Merthyr Tydfil Car Auction Ltd QBD 8-Oct-2012
The claimant complained of nuisance from adjoining car auctions works belonging to the defendants. . .
Cited – Merthyr Tydfil Car Auction Ltd v Thomas and Another CA 11-Jul-2013
The company appealed against an award of 9,000 pounds for nuisance in the form of excessive noise and fumes.
Held: The appeal failed: ‘the grant of planning permission cannot authorise the commission of a nuisance but it may, following its . .
Cited – Barkas, Regina (on The Application of ) v North Yorkshire County Council and Another SC 6-Mar-2014
The Court was asked as to the registration of a playing field as a ‘town or village green’. Local residents asserted that their use of the land, having been ‘as of right’ required the registration. They now appealed against rejection of that . .
Lists of cited by and citing cases may be incomplete.
Nuisance, Limitation, Land
Updated: 04 May 2022; Ref: scu.526350