PLANNING PERMISSION AND CLAIMS IN NUISANCE

In Lawrence v Fen Tigers Ltd [2012] EWCA Civ 26; [2012] All ER (D) 180 (Feb) the Court of Appeal allowed an appeal from Judge Seymour and held that the noise created by various motor car races held on the defendant’s land did not amount to a nuisance. In reaching this conclusion the Court of Appeal gave careful consideration to the relationship between the tort of nuisance and the planning laws.

Lord Justice Jackson opened his consideration of the latter issue by noting that the planning system exists to protect the public interest, not to protect private interests. He then proceeded to consider the leading cases in which consideration has been given to the relationship between the planning laws and the tort of nuisance (such as Gillingham Borough Council v Medway (Chatham) Dock Co Ltd [1993] QB 343, Wheeler v JJ Saunders Ltd [1996] Ch 19, Hunter v Canary Wharf Ltd [1997] AC 655 and Hirose Electrical UK Ltd v Peak Ingredients Ltd [2011] EWCA Civ 987) and from them derived the following propositions of law.