Private Nuisance And Planning Permission

The Court of Appeal has awarded damages and an injunction to local residents affected by noise from a nearby racing circuit.

The Court of Appeal decided that the racing circuit was causing a nuisance even though it had planning permission and was operating within the terms of a binding agreement with the local council.

The claimants in Watson and ors v Croft Promo Sport Limited (26 January 2009) lived just to the north of a motor circuit managed by Croft.  The circuit, formerly an aerodrome, had been used for car racing of one sort or another since 1949.   

• From 1949 to 1962, it was used as a relief airfield and for car racing.
• In 1963, planning permission was granted (following a local enquiry and subject to conditions) for motor and motorcycle events, for driving tuition and as a sports centre.