USE OF LAND IN ACCORDANCE WITH TERMS OF DETAILED PERMIT DID NOT AMOUNT TO A NUISANCE

In Barr v Biffa Waste Services Ltd [2011] EWHC 1003 (TCC), [2011] 4 All ER 1065 Mr Justice Coulson dismissed the claimants’ nuisance claim on the ground that the defendant operators of a landfill site were operating the site in accordance with the detailed terms of the permit which they had been given and without negligence. This being the case, the use of the land amounted to a reasonable user and did not amount to an actionable nuisance. But he held that the defendant was not entitled to rely on the defence of statutory authority because the relevant statutory duties were not imposed upon the defendant.

The facts

The claimant householders in Hertfordshire brought a claim in respect of foul smells emanating from a landfill site which was operated by the defendants. The claim proved to be a protracted one and the judgment of Coulson J runs to some 574 paragraphs. However, for present purposes, it is not necessary to examine the details of the evidence provided by the parties. It suffices to note that the claim was dismissed.