Barr & Ors v Biffa Waste Services Ltd

Barr & Ors v Biffa Waste Services Ltd

Compliance with an environmental permit and absence of negligence do not provide a defence to common law nuisance claims. The common law of nuisance remains unaffected by environmental legislation unless statutory authority is express or necessarily implied. The judge erred in law by adopting a threshold for actionable nuisance and by treating compliance with the permit as determinative. The appeal is allowed and the claims of the affected residents must be reassessed on established nuisance principles.

Parties
Appellants: Barr & Ors; Respondent: Biffa Waste Services Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2012
Procedural Posture
Civil Appeal / Appeal From Judgment of Queen's Bench Division, Technology & Construction Court
Outcome
Appeal allowed; cross-appeal dismissed; case remitted for further assessment of individual claims on correct legal basis.
Legal Topics
Nuisance, Statutory Authority, Environmental Permitting, Damages, Planning Permission
Tort Law Environmental Law Nuisance Statutory Authority Environmental Permitting Damages Planning Permission

Case Brief

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Parties

Barr & Ors

Appellants

Biffa Waste Services Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Queen's Bench Division, Technology & Construction Court

Legal Issues

  1. 1 Whether compliance with an environmental permit and absence of negligence is a defence to common law nuisance claims for odour emissions from a landfill site.
  2. 2 Whether the common law of nuisance should be modified to 'march in step' with modern environmental legislation.
  3. 3 Whether the grant of a waste permit or planning permission alters the character of the neighbourhood for nuisance assessment.

Ratio Decidendi

Compliance with an environmental permit and absence of negligence do not provide a defence to common law nuisance claims. The common law of nuisance remains unaffected by environmental legislation unless statutory authority is express or necessarily implied. The judge erred in law by adopting a threshold for actionable nuisance and by treating compliance with the permit as determinative. The appeal is allowed and the claims of the affected residents must be reassessed on established nuisance principles.

Court Disposition

Appeal allowed; cross-appeal dismissed; case remitted for further assessment of individual claims on correct legal basis.

Orders

  • Appeal allowed.
  • Cross-appeal dismissed.