Jurisdiction(s):
United Kingdom

Private noise nuisance after Coventry v Lawrence: easement of noise, effect of planning permission, assessing locality, ‘coming to the nuisance’, and damages in lieu of injunction (England and Wales)

Published on: 27 February 2014

Published by a LexisNexis Property expert

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Article summary

Original news Coventry and others v Lawrence and another [2014] UKSC 13, [2014] All ER (D) 245 (Feb)

In February 1975, planning permission was issued to build a stadium in rural Suffolk. That consent authorised use for speedway racing and related facilities for a period of ten years, and in 1985 it was thereafter made permanent. Stock car and banger racing began at the stadium in 1984; after a decade of such activity, Mr Waters obtained a certificate of lawfulness of existing use or development. To the rear of the stadium lay a motocross circuit, operated under a temporary personal planning consent, which was later renewed on a permanent footing. In January 2006 the proprietors, Katherine Lawrence and Raymond Shields, took up residence at Fenland, a residential property situated close to the stadium and the track. In 2008 they commenced proceedings against the operators of both the stadium and the track, seeking an injunction prohibiting or restraining their activities on the basis that the noise amounted to a nuisance. At first instance, the owners were successful. The judge imposed restrictions on the permissible levels of noise generated by those activities, and made an order curbing the extent of noise, but...

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