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Planning consent changes nuisance basis

Language: English Series: Times ; 10 October 1991, 28(1)Publication details: 1991Subject(s): Summary: In Gillingham BC v Medway (Chatham) Dock Co Ltd & Others QBD 31 July 1991 by dismissing a appeal brought by appellant planning authority pursuant to Local Government Act 1972 s222, it was held that where planning consent had been given for a development or change of use a question of nuisance would thereafter fall to be decided by reference to a neighbourhood with that development or use and not as it was previously.

In Gillingham BC v Medway (Chatham) Dock Co Ltd & Others QBD 31 July 1991 by dismissing a appeal brought by appellant planning authority pursuant to Local Government Act 1972 s222, it was held that where planning consent had been given for a development or change of use a question of nuisance would thereafter fall to be decided by reference to a neighbourhood with that development or use and not as it was previously.