Environment Agency v Anti-Waste Ltd, R (On the application of) [2007] EWCA Civ 1377 (20 December 2007)

Environment Agency v Anti-Waste Ltd, R (On the application of) [2007] EWCA Civ 1377 (20 December 2007)

A piggybacking landfill may constitute a separate stationary technical unit eligible for a permit if it is functionally self-contained; technical and environmental risks are relevant to the grant of a permit but do not define the technical unit. A permit for a new landfill does not 'permit' existing discharges from closed cells unless the new activity causes or worsens them; thus, the existence of such discharges does not, as a matter of law, bar the grant of a permit for the new unit.

Citation
[2007] EWCA Civ 1377
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
Appeal (administrative Law, Judicial Review) / Court of Appeal (civil Division) on Appeal From Qbd, Administrative Court
Outcome
Appeal on the installation issue dismissed in substance; appeal on the groundwater issue allowed; both declarations quashed and not replaced.
Legal Topics
Landfill Permitting, Groundwater Protection, Interpretation of Environmental Regulations, Declaratory Relief, Waste Management Regulation
Environmental Law Administrative Law European Union Law Landfill Permitting Groundwater Protection Interpretation of Environmental Regulations Declaratory Relief Waste Management Regulation

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 7 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

Appeal (administrative Law, Judicial Review) / Court of Appeal (civil Division) on Appeal From Qbd, Administrative Court

Legal Issues

  1. 1 Whether a landfill permit may lawfully be granted for a 'piggybacking' landfill (a new landfill partially overlying a closed cell with previously deposited waste)
  2. 2 Whether a permit must be refused if an existing closed cell within the landfill is discharging substances into groundwater contrary to regulations

Ratio Decidendi

A piggybacking landfill may constitute a separate stationary technical unit eligible for a permit if it is functionally self-contained; technical and environmental risks are relevant to the grant of a permit but do not define the technical unit. A permit for a new landfill does not 'permit' existing discharges from closed cells unless the new activity causes or worsens them; thus, the existence of such discharges does not, as a matter of law, bar the grant of a permit for the new unit.

Court Disposition

Appeal on the installation issue dismissed in substance; appeal on the groundwater issue allowed; both declarations quashed and not replaced.

Orders

  • Declaration 1 (installation issue) quashed and not replaced.
  • Declaration 2 (groundwater issue) quashed and not replaced.