Environment Agency v Anti-Waste Ltd, R (On the application of)

Environment Agency v Anti-Waste Ltd, R (On the application of)

A piggybacking landfill may constitute a stationary technical unit eligible for a permit if it is functionally self-contained, and the presence of a closed cell does not preclude application. A permit for a new landfill does not 'permit' an existing discharge from a closed cell unless the new activity causes or exacerbates that discharge.

Parties
Appellant/respondent: The Environment Agency; Respondent/appellant: The Queen on the Application of Anti-Waste Ltd; Interested Party: Secretary of State for the Environment, Food and Rural Affairs
Jurisdiction
England and Wales
Judgment Date
20 December 2007
Procedural Posture
Judicial Review/statutory Appeal / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal allowed in part; second declaration quashed; no replacement declaration issued; first declaration also quashed.
Legal Topics
Landfill Permits, Waste Management, Groundwater Pollution, Statutory Interpretation
Environmental Law Administrative Law Landfill Permits Waste Management Groundwater Pollution Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

The Environment Agency

Appellant/respondent

The Queen on the Application of Anti-Waste Ltd

Respondent/appellant

Secretary of State for the Environment, Food and Rural Affairs

Interested Party

Procedural Posture

Judicial Review/statutory Appeal / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether a landfill permit may lawfully be granted for the operation of a separate landfill which partially overlies a closed cell containing previously deposited waste ('piggybacking landfill')
  2. 2 Whether a permit must be refused where an existing closed cell is discharging substances into groundwater contrary to regulations

Ratio Decidendi

A piggybacking landfill may constitute a stationary technical unit eligible for a permit if it is functionally self-contained, and the presence of a closed cell does not preclude application. A permit for a new landfill does not 'permit' an existing discharge from a closed cell unless the new activity causes or exacerbates that discharge.

Court Disposition

Appeal allowed in part; second declaration quashed; no replacement declaration issued; first declaration also quashed.

Orders

  • Declaration 2 quashed; no replacement declaration issued.
  • Declaration 1 quashed.