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 objective was something to be kept in mind at all stages of an assessment, and even when considering other matters. The objective of both the Directive and the Act was to find the best overall technique, but without incurring excessive costs. There was no requirement to refuse permission because there was no immediate need for the land or because the decision made no positive contribution to meeting the objective.
Judges:
Lord Justice Pill, Lord Justice Robert Walker, And, Mr Justice Laddie
Citations:
Gazette 15-Mar-2002, [2002] EWCA Civ 31, [2003] QB 503
Links:
Statutes:
Waste Framework Directive (75/442/EEC as amended by 91/156/EEC and 96/350/EEC), Environmental Protection Act 1990 7(2)
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Daventry District Council ex parte Thornby Farms Admn 28-Jul-2000
The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied.
Held: Animal . .
Cited by:
Appealed to – Regina v Daventry District Council ex parte Thornby Farms Admn 28-Jul-2000
The council granted licences for the disposal of waste animal carcasses by incineration. The objectors said the council had failed to take note of art 4 of the directive, and that as clinical waste alternative regimes applied.
Held: Animal . .
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, Planning
Updated: 05 June 2022; Ref: scu.167473