Atlantic Recycling Ltd, R. v [2024] EWCA Crim 325 (13 March 2024)

Atlantic Recycling Ltd, R. v [2024] EWCA Crim 325 (13 March 2024)

The permit condition required compliance with the written fire prevention plan, using the guidance as an aid, not as an alternative. Criminal liability arises from breach of the plan, regardless of whether alternative measures were taken or whether there was an increased fire risk. The condition applies to all permitted activities, not just storage. The Recorder was correct to exclude the applicant's arguments from the jury.

Citation
[2024] EWCA Crim 325
Parties
Applicant: Atlantic Recycling Limited; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
13 March 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal refused
Legal Topics
Environmental Permitting, Interpretation of Permit Conditions, Fire Prevention Plans, Waste Management, Criminal Liability for Regulatory Breaches
Criminal Law Environmental Law Environmental Permitting Interpretation of Permit Conditions Fire Prevention Plans Waste Management Criminal Liability for Regulatory Breaches

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Parties

Atlantic Recycling Limited

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether criminal liability under Condition 3.7.1 of the environmental permit requires proof that the state of affairs was inferior to regulatory guidance and that there was an increased fire risk
  2. 2 Whether the permit condition applies only to storage or also to recovery/processing activities

Ratio Decidendi

The permit condition required compliance with the written fire prevention plan, using the guidance as an aid, not as an alternative. Criminal liability arises from breach of the plan, regardless of whether alternative measures were taken or whether there was an increased fire risk. The condition applies to all permitted activities, not just storage. The Recorder was correct to exclude the applicant's arguments from the jury.

Court Disposition

Leave to appeal refused