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Nuisance, permitting and planning

Tim Everett Chartered Environmental Health Practitioner LLB LLM CFCIEH CMCIH FRSPH

Chartered Institute of Environmental Health, Chadwick Court, 15 Hatfields, London SE1 8DJ

Correspondence: Tim Everett, Chartered Institute of Environmental Health, Chadwick Court, 15 Hatfields, London SE1 8DJ. Email: t.everett@cieh.org  

Introduction

This article reviews the interaction between nuisance, both statutory and at common law, and the Environmental Permitting and Planning regimes following the decisions in Barr1 and more recently in Coventry.2 It shows there is a continuing need for individuals and communities to use other legal means to obtain compensation for harm as this cannot generally be achieved through action by the regulators. Furthermore, with declining resources for regulators, this may sometimes also be a more effective means of control.

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