05 February 2009
Watson v Croft Promo-Sport Ltd [2009] EWCA Civ 15, [2009] All ER (D) 197 (Jan)
(a) The grant of planning permission does not affect the private law rights of third parties. The implementation of that planning permission may so alter the nature and character of the locality as to shift the standard of reasonable user which governs the question of nuisance or not.
(b) Damages in lieu of an injunction should only be awarded under very exceptional circumstances. The circumstance that the wrongdoer is in some sense a public benefactor is not a sufficient reason for refusing an injunction.
