Planning Objections - What a nuisance!

Private nuisance is usually caused by a person doing something on their own land, which they are lawfully entitled to do, but which becomes a nuisance when the consequences of what they are doing extends to a neighbour’s property.

In February 2014, the Supreme Court delivered an important judgment on the principles of private nuisance which could have practical implications on individuals, developers and operators of various noisy [or other nuisance causing] activities.

The case concerned a claim by property owners, Ms Lawrence and Mr Shields, who owned land in West Row (Fenland, Cambridgeshire) against the owners of a racing track and stadium situated nearby.

The track and stadium were used for various motor sports throughout the year and in July 2002 the council granted permanent planning permission for it to be used as a motocross track.

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In January 2006, Lawrence and Shields moved into Fenland. Concerned about the noise from the motocross events, they complained to their local council. The complaint eventually resulted in the service of noise abatement notices requiring the owners of the track and stadium to carry out works to reduce the noise levels.

Ms Lawrence and Mr Shields issued proceedings for an injunction to restrain the nuisance in early 2008 as the discussions did not provide what they considered an acceptable outcome. The owners of the track and stadium filed a joint defence in late 2009 denying nuisance. It was concluded in favour of the property owners.

The owners of the track and stadium appealed against the decision where it was concluded that Lawrence and Shields had failed to establish that the activities at the track and stadium constituted a nuisance.

Lawrence and Shields appealed this in the Supreme Court. Recently the Supreme Court unanimously allowed the appeal, concluding that the track and stadium activities constituted a nuisance.

Practical Tips

This is a noteworthy case which has important implications for operators of noisy or controversial activities, developers and local planning authorities when considering the role and impact of planning permission and private nuisance.

Following this case, it is important to take account of the effects that an alteration, development, or the change in use of a building has in relation to planning permission, its terms, and private nuisance.