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.
ਤੱਥ
Residents near a landfill site complained of odour nuisance. The operator argued it was acting in compliance with its environmental permit.
ਫੈਸਲੇ ਦਾ ਸਾਰ
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.
ਮੁੱਖ ਹਵਾਲੇ
"The grant of a permit under the environmental permitting regime does not authorise the creation of a nuisance."
— Carnwath LJ
ਬਾਅਦ ਦਾ ਇਲਾਜ
Good law
Important authority on the relationship between regulatory permits and common law nuisance.