Gillingham Borough Council v Medway (Chatham) Dock Co. Ltd.

Gillingham Borough Council v Medway (Chatham) Dock Co Ltd [1993] QB 343 is a case in English tort law covering nuisance. The council granted planning permission to Medway (Chatham) Dock Co Ltd to redevelop the Chatham Dockyard as a commercial port, noting that this would have some impact on local residents but authorising it because the economic benefit would far outweigh any potential noise problems. The port's activity called for a large number of heavy duty vehicles moving around the clock, and by 1988 there were almost 750 lorries using the port per day. The Borough Council brought an action against the dock company in public nuisance on behalf of its residents, and the case was heard by Buckley J in the High Court of Justice. Buckley, while rejecting the dock company's arguments that only illegal acts could be public nuisances and that the granting of planning permission authorised the nuisance, held that the dock's activities were not a public nuisance. This was because the commercial dock had significantly changed the character of the area, changing the definition of what was and was not unreasonable behaviour.

Facts

In 1982 the Chatham Dockyard began to close, threatening the economic stability of the Chatham area. In 1983 Gillingham Borough Council authorised the regeneration of the area as a commercial dock, granting planning permission and intending that it operate 24 hours a day. The fact that the 24-hour operating period would cause a disturbance in what was essentially a residential area was considered, but it was felt that the economic benefit the dock would produce outweighed this problem. The port went into full operation in 1984, and within 4 years almost 750 lorries were using the roads every day.