In November 2009 the owners at the luxury Clifftop residential development over looking the Straits of Gibraltar across to North Africa found out that an Environmental Impact Assessment Certificate ("EIAC") had been issued for the construction of a £50,000,000 power station in the nearby Lathbury area.
The Claimants complained that they had not been consulted as required by the relevant planning legislation and that the Environmental Statement and the EIAC had not properly dealt with the question of noise emissions.
Following the issue of a claim for judicial review in the Supreme Court of Gibraltar and strenuous negotiations the parties agreed terms and on the 27th September 2010 a Consent Order was made by the Chief Justice requiring the Development & Planning Commission to amend the EIAC to include a limit on the permitted noise level to 42 dB(A) at the nearest facade of any apartment in Clifftop House when measured in accordance with BS 4142.
The Government was ordered to pay the Claimants' costs.
Charles Gomez led the Claimants' legal team assisted in Gibraltar by Edwin Poggio BSc, Charles Gomez & Co's in-house technical consultant and by a specialist planning law barristers from Landmark Chambers in London, Nathalie Lieven QC and David Blundell. Scientific advice was provided by Andrew Corkill of Spectrum Acoustic Consultants in the UK.