By Centre for Law and Environment , on 19 March 2014
The Supreme Court handed down an important decision on the relationship between private nuisance and planning permission on 26 February, citing publications by a member of the UCL Centre for Law and the Environment.
In broad terms, the tort of nuisance addresses the reasonable use and enjoyment of land. The paradigm private nuisance is perhaps a case of noise or smells from industrial or commercial activities, although a nuisance can also take the form of physical harm to property or encroachment on the claimant’s land (for example by tree roots). Many of the activities challenged in private nuisance have been granted planning permission, raising profound practical and constitutional questions about the relationship between the regulatory state and the courts. (more…)