R (James) v Dover District Council

Subject Matter

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

[2022] EWHC 961 (Admin); [2022] PTSR 1225; [2022] WLR(D) 193, QBD

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