Derrick Barr & Ors v Biffa Waste Services Ltd [2011] EWHC 1003 (QB)

The claimants in this case, a group of tenants on a neighbouring estate, asserted that over a five-year period they had been affected by odours emanating from the defendant’s landfill site. The High Court decided that conducting tipping activities outside the conditions of its environmental permit would give rise to a common law liability. However, as long as activities are in accordance with the permit, this equates to compliances with all relevant legal obligations and affords a complete defence to any claim in nuisance.