The company sought judicial review of the deceision by the respondent to issue an abatement notice. It said that under section 79 of the 1990 Act, such a notice fell within the term ‘summary proceedings’ and that therefore the consent of the secretary of State should first have been obtained.
Held: The notice did not require the consent suggested. Historically urgent action was often required, and requiring the consent would go against that. A notice was not itself the commencement of proceedings. Consent would be required when, on a non-compliance, the authority wanted to take the matter forward to the court.
Judges:
Lord Justice Scott Baker and Mr Justice Cranston
Citations:
[2009] EWHC 2885 (Admin), Times 02-Feb-2010
Links:
Statutes:
Environmental Protection Act 1990 79(10)
Jurisdiction:
England and Wales
Environment, Crime
Updated: 05 August 2022; Ref: scu.380331