Planning Bill gives licence to commit nuisance

ELF has joined forces with Environmental Protection UK, the Council for the Protection of Rural England, LACORs and the Chartered Institute of Environmental Health to seek an amendment to Clause 151 of the Planning Bill 2007, which provides immunity both during construction and operation of the Bill’s ‘Nationally Significant Infrastructure Projects’. This includes the biggest and most environmentally controversial projects in the country and denies any form of redress.

Clause 151:“No proceedings, whether criminal or civil, in nuisance and no civil proceedings in respect of the escape of things from land, other than proceedings for breach of statutory duty, may be brought in relation to development, works or operations authorised by an order granting development consent.” 

Supported by counsel’s opinion, ELF is writing to the department for Communities and Local Government with our concern that the Bill takes away the individual’s right to issue proceedings for nuisance against the developer, without providing any compensation. With the committee stage of the Bill before the House of Lords only a few weeks away, ELF will be looking to lobby the Lords, and amend the Bill to protect the right to sue for nuisance.