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.

Fapte

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

Rezumatul hotărârii

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.

Citate cheie

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

Tratament ulterior

Good law

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