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 implementation, change the character of the locality. If the character of a locality is changed as a result, the question whether activities constitute a nuisance must be decided against the background of its changed character. ‘

Richards, Davis, Lloyd Jones LJJ
[2013] EWCA Civ 815
England and Wales
CitedSturges v Bridgman CA 1879
The character of the neighbourhood in which the plaintiff lives should, for the law of nuisance, include established features: ‘whether anything is a nuisance or not is a question to be determined, not merely by an abstract consideration of the . .
CitedLawrence 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. . .
CitedBarr and Others v Biffa Waste Services Ltd CA 19-Mar-2012
The claimants appealed against rejection of their claims for nuisance in the form of smells emanating from the respondent neighbour’s waste processing plant. The defendant relied upon the grant of planning permission.
Held: The cause of action . .
CitedLawrence and Another v Fen Tigers Ltd and Others CA 2012
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 . .
CitedBurnett v Lynch CA 21-Mar-2012
The GP doctor appealed against a finding that she had a duty of care to the respondent in her claim for professional neglience in failing to diagnose breast cancer.
Held: The appeal failed. There is a distinction between a truthful witness and . .
Appeal fromThomas 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. . .

Lists of cited by and citing cases may be incomplete.


Updated: 15 November 2021; Ref: scu.512315