The Public and Third Sector Law Reports
[2022] PTSR 1225
Queen’s Bench Division
Regina (James)
v
Dover District Council
[2022] EWHC 961 (Admin)
2022 Feb 15; April 28
Lang J
Planning— Development— Planning permission— Local authority issuing noise abatement notice concerning operation of motor sports event site— Notice having effect of restricting but not abating nuisance— Authority’s planning committee subsequently approving application for planning permission to develop race circuit and increase days of operation subject to conditions— Whether adopting correct approach to inter-relationship between planning and pollution control regimes— Whether in error in regarding existing noise nuisance as fallback position against which application to be assessed—
Environmental Protection Act 1990 (c 43), s 80
—
National Planning Policy Framework (2019), para 183