Waste Framework Directive 75/442/EEC – Waste Management Licensing Regulations 1994 – Landfill site – Animal carcass incineration
An EU directive requires member states to take necessary measures to achieve certain environmental “objectives”. A planning authority allow a development, having based their decision upon what might be called the “usual material considerations”. Can the decision be challenged solely on the ground that little or no progress will be made towards achieving the declared objectives?
Perhaps not surprisingly the answer reached by the Court of Appeal in the landfill case of R (on the application of Murray) v Derbyshire County Council [2002] 05 EG 131 (CS) was: “No”.
As made clear by the court, it would be otherwise if the authority had failed to keep the objectives in mind; similarly, if the otherwise material considerations had led to a decision that involved a plain and flagrant disregard of the objectives.
For similar issues arising out of the Environmental Protection Act 1990 (authorisation of disposal of animal carcasses), see R (on the application of Thornby Farms Ltd) v Daventry District Council [2002] 05 EG 132 (CS), which was heard together with Murray.
Waste Framework Directive 75/442/EEC – Waste Management Licensing Regulations 1994 – Landfill site – Animal carcass incineration
An EU directive requires member states to take necessary measures to achieve certain environmental “objectives”. A planning authority allow a development, having based their decision upon what might be called the “usual material considerations”. Can the decision be challenged solely on the ground that little or no progress will be made towards achieving the declared objectives?
Perhaps not surprisingly the answer reached by the Court of Appeal in the landfill case of R (on the application of Murray) v Derbyshire County Council [2002] 05 EG 131 (CS) was: “No”.
As made clear by the court, it would be otherwise if the authority had failed to keep the objectives in mind; similarly, if the otherwise material considerations had led to a decision that involved a plain and flagrant disregard of the objectives.
For similar issues arising out of the Environmental Protection Act 1990 (authorisation of disposal of animal carcasses), see R (on the application of Thornby Farms Ltd) v Daventry District Council [2002] 05 EG 132 (CS), which was heard together with Murray.
