“Planning permission does not automatically provide defence to nuisance claims.”
The claimants lived near a motor racing circuit and speedway track that had operated for many years. They complained about noise nuisance from the motorsport activities, which had planning permission and had been licensed by the local authority.
Whether planning permission or statutory authority provides a defence to nuisance claims, and the extent to which such permissions can authorise what would otherwise be nuisance.
The Supreme Court held that planning permission does not ordinarily provide a defence to nuisance, though it may be relevant to remedies. The case was remitted for reconsideration of damages.
This leading Supreme Court decision clarifies the relationship between planning permission and nuisance liability, establishing that regulatory approval does not automatically trump private law rights. It's crucial for understanding modern nuisance law and the balance between public regulation and private remedies.
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OSCOLA Citation
Coventry v Lawrence [2014] UKSC 13
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