판결 이유
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.
사실관계
Residents near a landfill site complained of odour nuisance. The operator argued it was acting in compliance with its environmental permit.
판결 요약
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.
주요 인용문
"The grant of a permit under the environmental permitting regime does not authorise the creation of a nuisance."
— Carnwath LJ
후속 처리
Good law
Important authority on the relationship between regulatory permits and common law nuisance.