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 as a last resort. Though the Directive was part of English law, by affecting the weight to be given to such considerations. That weight might still be overborne by other considerations. It was not a precondition of a landfill permission that it be the best practicable environmental option. In this cas the local authority had not prepared a waste management strategy, nor set down what it considered to be the best environmental option, and its decision was so seriously flawed as to have been unlawful.
Judges:
Auld LJ, Buxton LJ, Laws LJ
Citations:
[2004] EWCA Civ 1508, Times 12-Nov-2004
Links:
Statutes:
Landfill Directive 1991/31/EC, Council Directive 75/442/EC on Waste
Jurisdiction:
England and Wales
Citing:
Appeal from – Blewett, Regina (on the Application of) v Derbyshire County Council Admn 7-Nov-2003
Mr Blewett sought judicial review, quashing on three grounds a planning permission given by the Derbyshire County Council to Derbyshire Waste to use land at the former Glapwell Colliery in North-East Derbyshire, for ‘land reclamation by waste . .
Cited – Regina v London Borough of Hammersmith and Fulham And Others, ex parte Burkett and Another HL 23-May-2002
The applicant sought judicial review of the respondent’s grant of planning permission for a development which would affect her. The authority objected that the application was made after three months after their decision, and so leave should not be . .
Cited – Ministere public v Oscar Traen and others ECJ 12-May-1987
Articles 8 to 12 of Directive 75/442 on waste cover all waste-disposal activities and do not impose any limitation relating to the legal status of the operator or the frequency or purpose of the activities concerned. Article 5 of the directive does . .
Cited – Commune de Braine-le-Chateau and Michel Tillieut and Others v Region Wallonee ECJ 1-Apr-2004
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 . .
Cited – Thornby Farms Ltd, Murray v Daventry District Council, Derbyshire County Council CA 22-Jan-2002
Two parties appealed against the grant of licences for plants for the disposal of animal carcasses. The plants would increase the amount of emissions into the environment.
Held: An objective was different to a material consideration. An . .
Cited – Commission of the European Communities (Supported by the United Kingdom) v Hellenic Republic ECJ 7-Jul-2000
When assessing the penalty to be imposed on a member state for failing to comply with a judgement of the court the court had to look at the duration of the breach, its seriousness, and its ability to pay. Here a fine of 20.000 Euros per day was . .
Cited – Commission v United Kingdom ECJ 24-Jan-2002
Europa Failure by a Member State to fulfil its obligations – Environment – Waste -Directives – Waste management plans. ‘The United Kingdom does not dispute its alleged failure to meet its obligations. It admits . .
Cited – Commission v France ECJ 2-May-2002
Failure by a Member State to fulfil its obligations – Environment – Waste – Directives 75/442/EEC, 91/156/EEC, 91/689/EEC and 94/62/EC – Waste management plans: ‘ . . considering the objectives pursued by the obligation laid down in Article 7(1) of . .
Cited – Marleasing SA v La Comercial Internacional de Alimentacion SA ECJ 13-Nov-1990
Sympathetic construction of national legislation
LMA OVIEDO sought a declaration that the contracts setting up Commercial International were void (a nullity) since they had been drawn up in order to defraud creditors. Commercial International relied on an EC . .
Cited – AvestaPolarit Chrome Oy ECJ 11-Sep-2003
Europa Reference for a preliminary ruling: Korkein hallinto-oikeus – Finland. Approximation of laws – Directives 75/442/EEC and 91/156/EEC – Meaning of waste – Production residue – Mine – Use – Storage – Article . .
Lists of cited by and citing cases may be incomplete.
Planning, Environment
Updated: 27 June 2022; Ref: scu.219327
