Coventry v Lawrence [2014] UKSC 13
Citation:Coventry v Lawrence [2014] UKSC 13
Rule of thumb 1:If there is a breach of planning permission and this causes a nuisance, is compensation owed? Yes, generally speaking nuisance does not give a right to compensation, but where the nuisance is a breach of planning conditions, it does give a right to financial compensation.
Rule of thumb 2:If planning permission is being complied with, does this mean that there is no nuisance, particularly with a noise complaint? Generally, yes it is a good defence against nuisance, however, where it can be shown that the planning conditions are being used excessively then this can still be deemed a nuisance.
Background facts:
The basic facts of this case were that a motor sports stadium had a license to carry out motor sports but it was very noisy, and the local residents complained that they were overusing their premises and exploiting their grant of planning permission.
Judgment:
The Court held that if a nuisance has been going on for over 20 years then the nuisance can be prescribed and become legal, although in this case it was deemed that the same type of nuisance had not been carried out for 20 years. The Court further held that this use of the motor sports stadium constituted a nuisance and although planning permission was a relevant factor, it did not override the private law of nuisance. The Court affirmed that as a general rule where land is used in accordance with planning permission then it will not be deemed to be a nuisance, although as this case proved this is only a general rule and is subject to exception. It should also be decided upon the facts of the case whether damages or an injunction are granted although planning permission will generally mean that damages for nuisance are more suitable.
Ratio-decidendi:
‘which causes an interference with the claimant’s reasonable enjoyment of his land, or to use a slightly different formulation, which unduly interferes with the claimant’s enjoyment of his land... what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society... in the present case, where the judge concluded that the activities at the Stadium and the Track were actually carried on in such a way as to constitute a nuisance, although they could be carried on so as not to cause a nuisance, the character of the locality should be assessed on the basis that (i) it includes the Stadium and the Track, and (ii) they could be used for speedway, stockcar, and banger racing and for motocross respectively, but (iii) only to an extent which would not cause a nuisance... A planning authority can be expected to balance competing interests as best it can in the overall public interest and some of those interests play no part in the assessment of whether a particular activity constitutes a nuisance... Nevertheless, there will be occasions when the terms of a planning permission could be of some relevance in a nuisance case: the fact that the planning authority takes the view that noisy activity is acceptable after 8.30am in a particular locality may, for example, be a real value as a starting point in a case where the claimant contends that the activity gives rise to a nuisance if its starts before 9.30am ... The award of damages instead of an injunction Where a claimant has established that the defendant’s activities constitute a nuisance, prima facie the remedy to which she is entitled (in addition to damages for past nuisance) is an injunction to restrain the defendant from committing such nuisance in the future. The prima facie position is that an injunction should be granted, so the legal burden is on the defendant to show why it should not... The existence of a planning permission which expressly or inherently authorises carrying on an activity in such a way as to cause a nuisance can be a factor in favour of refusing an injunction and compensating the claimant in damages...’, (at 80-125) Lord Neuberger
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.