The WLR Daily case summaries
[2022] WLR(D) 193
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 abatement notice in response to concerns about noise at motor sports event site— Notice having effect of restricting but not entirely abating noise nuisance— Authority’s planning committee subsequently approving application for planning permission to develop race circuit and increase days of operation subject to conditions— Whether authority erring in consideration of fallback position were permission not to be granted— Whether required to treat fallback position as including such future enforcement as required to control noise nuisance— Effect of national planning policy on avoidance of duplication between planning and pollution control regimes—
Environmental Protection Act 1990 (c 43), s 80
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National Planning Policy Framework (2019), para 183