Cases - Hunter v Canary Wharf Ltd
Record details
- Name
- Hunter v Canary Wharf Ltd
- Date
- [1996]; [1997]
- Citation
- 1 AII ER 482, CA; 2 AII ER 426, HL
- Legislation
- Keywords
- Planning control - easements
- Summary
-
Local residents brought actions in the tort of nuisance for interference with television reception caused by the 250-metre-high Canary Wharf tower. Canary Wharf Ltd submitted that the grant of planning permission authorised the construction and provided immunity from an action in nuisance. The Court of Appeal rejected this defence and the matter of planning permission was not raised before the House of Lords. However, Lord Hoffmann reinforced the Court of Appeal's decision, saying:
'It would, I think, be wrong to allow the private rights of third parties to be taken away by a permission granted by the planning authority to the developer.'
(The interference was held not to be an actionable nuisance.)