Barr v Biffa Waste Services Ltd

[2012] EWCA Civ 312

Ratio Decidendi

The grant of an environmental permit does not provide a defence to a claim in private nuisance. Regulatory compliance does not authorise the commission of a common law tort.

Hechos

Residents near a landfill site complained of odour nuisance. The operator argued it was acting in compliance with its environmental permit.

Resumen de la sentencia

The Court of Appeal held that regulatory compliance was not a defence to nuisance. The common law right to be free from nuisance was not overridden by the permit regime.

Citas clave

"The grant of a permit under the environmental permitting regime does not authorise the creation of a nuisance."
— Carnwath LJ

Tratamiento posterior

Good law

Important authority on the relationship between regulatory permits and common law nuisance.