Planning - Impact of possible noise nuisance claims on viability of a business - update

We have previously reported on the long running Forster case. This concerns the owner of an East London tavern who recently lost a High Court challenge against a planning inspector's approval for a block of flats neighbouring her premises which it was claimed might put her out of business.

The saga continues.  It is being reported that Pauline Firster has won permission to take a battle over the effect of new developments on established licensed premises to the Court of Appeal.

According to reports we have seen, on 18 February 2016, Lord Justice Laws granted permission to appeal the previous decision following an oral hearing.

Lord Justice Laws is reported to have concluded that the extent to which planning decision-makers should take into account the risk of licence restrictions and/or nuisance proceedings was an important issue that the full court should consider.  The Court of Appeal will now consider whether the threat posed by new residents to established licensed premises is a material planning consideration, even if noise effects are acceptable in planning terms. 

Source Local Government Lawyer