ECJ Directives 75/442/EEC and 91/156/EEC – Waste – Management plans – Suitable sites and installations for waste disposal – Permit granted in the absence of a management plan containing a map specifying planned locations for disposal sites. The Court referred to the Directive as ‘a policy framework’ . . which need not necessarily describe in minute detail all aspects of current and future waste disposal management, including sites.’ Management plans may not be determinative: ‘ . . management plans cannot in all cases be the only factor which determines the exact location of waste disposal sites, inasmuch as the final decision concerning location in some circumstances depends on the relevant rules relating to land-use planning and, in particular, the consultation and decision-making procedures implemented pursuant to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment . . as amended . . ‘
Judges:
Advocate General Mishko
Citations:
C-53/02, [2004] EUECJ C-53/02
Links:
Statutes:
Directive 75/442/EEC, Directive 91/156/EEC
Jurisdiction:
European
Cited by:
Cited – Derbyshire Waste Ltd v Blewett and Another CA 11-Nov-2004
Glapswell Colliery had closed. The owners sought to use it for waste disposal by landfill. The objector had obtained judicial review of the permission granted.
Held: The intention of the Landfill Directive was to discourage its use other than . .
Lists of cited by and citing cases may be incomplete.
Environment
Updated: 26 July 2022; Ref: scu.195725
