PRIVATE NUISANCE, PLANNING PERMISSION AND INJUNCTIONS

Watson v Croft Promo-Sport Ltd [2009] EWCA Civ 15, [2009] All ER (D) 197 (Jan)

In Watson v Croft Promo-Sport Ltd [2009] EWCA Civ 15, [2009] All ER (D) 197 (Jan), the Court of Appeal held that the claimant owners had established that the defendants had committed the tort of nuisance and held that they were entitled to an injunction to restrain the activity which was causing the nuisance. Although the facts of the case do not concern the construction industry, two points of significance are worthy of note. First, the Court of Appeal affirmed that the grant of planning permission does not, of itself, give a defendant a defence to a claim in nuisance. Second, it confirmed that the jurisdiction to grant damages in lieu of an injunction should only be exercised in exceptional cases.