Thames Water Utilities Ltd, R (on the application of) v Bromley Magistrates Court [2008] EWHC 1763 (Admin) (28 July 2008)

Thames Water Utilities Ltd, R (on the application of) v Bromley Magistrates Court [2008] EWHC 1763 (Admin) (28 July 2008)

Escapes of untreated sewage from pipes maintained by a statutory undertaker are 'controlled waste' within the meaning of section 33 of the Environmental Protection Act 1990 because domestic legislation does not contain precise provisions organising the management of such waste nor does it ensure a level of environmental protection equivalent to the Waste Framework Directive, as required by the ECJ.

Citation
[2008] EWHC 1763 (Admin)
Parties
Claimant: Thames Water Utilities Limited; Respondent: Bromley Magistrates' Court; Interested Party: The Environment Agency; Intervener: Water Services Regulation Authority
Jurisdiction
England and Wales
Judgment Date
28 July 2008
Procedural Posture
Judicial Review / Renewed Hearing Following Reference to ECJ and Remittal From Divisional Court
Outcome
Application for judicial review dismissed; preliminary issue determined against the claimant; matter remitted to magistrates' court for determination on the merits.
Legal Topics
Waste Framework Directive, Controlled Waste, Sewage Escapes, Statutory Interpretation, Environmental Protection Act 1990, Jurisdiction of Magistrates' Court
Environmental Law Administrative Law European Union Law Waste Framework Directive Controlled Waste Sewage Escapes Statutory Interpretation Environmental Protection Act 1990 +1 more

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Parties

Thames Water Utilities Limited

Claimant

Bromley Magistrates' Court

Respondent

The Environment Agency

Interested Party

Water Services Regulation Authority

Intervener

Procedural Posture

Judicial Review / Renewed Hearing Following Reference to ECJ and Remittal From Divisional Court

Legal Issues

  1. 1 Whether escapes of waste water from a public sewerage system are 'Directive waste' within the Waste Framework Directive and subject to enforcement under section 33 of the Environmental Protection Act 1990
  2. 2 Whether domestic legislation provides 'precise provisions organising the management of the waste' and ensures equivalent environmental protection to the Waste Framework Directive

Ratio Decidendi

Escapes of untreated sewage from pipes maintained by a statutory undertaker are 'controlled waste' within the meaning of section 33 of the Environmental Protection Act 1990 because domestic legislation does not contain precise provisions organising the management of such waste nor does it ensure a level of environmental protection equivalent to the Waste Framework Directive, as required by the ECJ.

Court Disposition

Application for judicial review dismissed; preliminary issue determined against the claimant; matter remitted to magistrates' court for determination on the merits.

Orders

  • Sewage escaping from pipes maintained by a statutory undertaker is 'controlled waste' within section 33 of the Environmental Protection Act 1990.
  • Matter remitted to the magistrates' court for determination on the merits.