six pump court

08 Jul 2013

Stephen Hockman QC and William Upton instructed in significant environmental noise nuisance case

Stephen Hockman QC and William Upton will be representing the claimants in a highly significant environmental (noise) nuisance case – Lawrence v Fen Tigers, to be heard by the Supreme Court later this year.

The late Peter Harrison QC had previously acted on behalf of the claimant in these proceedings.

The issues raised are likely to be as follows:

• whether and if so in what circumstances the exercise of planning rights materially changes the character of the area for the purpose of a nuisance assessment;
• in particular whether the exercise of planning rights materially changes the character of the area for this purpose if and only if the change is “strategic”;
• whether, even if the exercise of planning rights materially changes the character of the area, it follows that such exercise can no longer amount to a nuisance, or whether it remains for the court to make its own assessment of the conduct relied upon as amounting to a nuisance;
• whether, if the exercise of planning rights makes no material change to the character of the area, the existence of those rights is nonetheless relevant for the purposes of the court’s nuisance assessment.

  The Supreme Court hearing is due to take place in November.