Overview

In a lengthy Judgment delivered on 19th April the Technology & Construction Court rejected a claim for nuisance brought by homeowners against Biffa Waste Services Ltd in respect of odours arising from a neighbouring landfill site at Ware in Hertfordshire.

The claim failed primarily as it was not shown that Biffa had been negligent whilst complying with the detailed requirements of its environmental permit.

The importance of the Judgment is that it provides a decision on the criteria that must be established for a claim in nuisance to succeed against a background of statutory regulation and permitting of a waste disposal site.

Herbert Smith provides the details.

To read more click ‘view briefing’.