A Northamptonshire farming company, which claims that the local environment has been blighted by emissions from a nearby pet crematorium, has taken its bid to cut pollution to the House of Lords.
The application for permission to challenge earlier rulings against the company by the High Court and Court of Appeal has now been referred to a more detailed hearing.
Family-run Thornby Farms Ltd is challenging Daventry Council’s decision to authorise Timeright Ltd to increase the total capacity of its animal incineration facility at Guilsborough, Northamptonshire, to 650kg per hour.
Thornby argued that the council had failed in their duty to ensure air pollution was minimised under the Environmental Protection Act 1990. The Court of Appeal dismissed the challenge, but, in doing so, one of the judges, Pill LJ, criticised some of the procedures followed by the council in granting the authorisation.
In comments that are expected to be referred to in the forthcoming appeal moves, Pill LJ went on to urge a prompt review of emissions from the plant in light of the newest technology available, in order to reduce the emissions to a minimum.
He said that the release of some “prescribed substances” from the plant was unavoidable and the council had not breached their duty in that respect. But he added: “Whether they are in breach of their obligation to reduce the release of such substances to a minimum is more difficult.”
PLS News 14/10/02
