A challenge to the grant of permission for the use of land near Epping as a scrapyard has failed.
The local authority decision to grant a certificate of lawful established use was challenged on the basis that the use in question constituted an offence under the provisions of the Environmental Protection Act 1990.
It was argued that the owner of the land had spread out of the land certified for use as a scrapyard, and was committing an offence as he did not have a waste management licence.
However, dismissing the challenge, the Court of Appeal held that local authorities had a discretion in respect of the grant of consent to landowners who had breached the Act. It held that in this case the local authority had been entitled to use that discretion.
R v Epping Forest District Council, ex parte Philcox Court of Appeal (Pill, Chadwick and Buxton LJJ) 8 December 2000.
Robin Howard (instructed by Gadsby Wicks, of Chelmsford) appeared for the applicant; Peter Harrison (instructed by the solicitor to Epping Forest District Council) appeared for the respondents.
PLS News 15/12/00
