Gillingham BC v Medway (Chatham) Dock Co Ltd and others
Language: English Series: Journal of Planning and Environment Law ; (1992) JPL 458-467(10)Publication details: 1992Subject(s): Summary: QBD 31 July 1991. The plaintiff council (G) commenced proceedings against M for public nuisance arising from increased night-time traffic generated by the conversion of Chatham docks to commercial use, despite its grant of planning permission in 1983 with foreknowledge of the likely disturbance. M contended that a public nuisance could not arise from a lawful act and the permission obtained legitimised this act. It was held that though the permission was not in itself an authorisation to commit a nuisance, it had created a changed economic environment in which the increased traffic was a reasonable consequence.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS46448 (Browse shelf(Opens below)) | 1 | Available | 58290-1001 |
QBD 31 July 1991. The plaintiff council (G) commenced proceedings against M for public nuisance arising from increased night-time traffic generated by the conversion of Chatham docks to commercial use, despite its grant of planning permission in 1983 with foreknowledge of the likely disturbance. M contended that a public nuisance could not arise from a lawful act and the permission obtained legitimised this act. It was held that though the permission was not in itself an authorisation to commit a nuisance, it had created a changed economic environment in which the increased traffic was a reasonable consequence.