Gillingham BC v Medway (Chatham) Dock Co Ltd and others
Gillingham BC v Medway (Chatham) Dock Co Ltd and others
- 1992
- Journal of Planning and Environment Law (1992) JPL 458-467(10) .
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.
CHATHAM DOCKS
LOCAL GOVERNMENT ACT 1972 S222
PLANNING PERMISSION
PUBLIC NUISANCE
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.
CHATHAM DOCKS
LOCAL GOVERNMENT ACT 1972 S222
PLANNING PERMISSION
PUBLIC NUISANCE