In approving Carnwath LJ’s statement from Barr v Biffa Waste Service Ltd [2013] QB 455, Lord Neuberger in Coventry v Lawrence [2004] UKSC 13 stated that:
“The common law of nuisance has co-existed with statutory controls, albeit less sophisticated, since the 19th century. There is no principle that the common law should ‘march with’ a statutory scheme covering similar subject matter. Short of express or implied statutory authority to commit a nuisance…, there is no basis, in principle or authority, for using such a statutory scheme to cut down private rights.”
Lord Carnwath was careful to note that his comments in Barr related to environmental regulation rather than planning control.
Discuss and critically evaluate the current position on the importance of planning permission when assessing whether someone will be found liable in nuisance. You should make detailed and in-depth reference to case law and reflect on academic opinion.