Blewett, R (on the application of) v Derbyshire County Council

Blewett, R (on the application of) v Derbyshire County Council

The planning authority failed to lawfully consider and apply the Best Practicable Environmental Option (BPEO) as required by Waste Strategy 2000 and the Landfill Directive. The authority's approach relegated BPEO to a mere material consideration, rather than an obligatory objective, and failed to conduct a proper analysis of whether the proposed landfill was the BPEO for the relevant waste stream. This was a significant flaw in the decision-making process, warranting quashing of the planning permission.

Parties
Claimant: The Queen on the application of Blewett; Defendant: Derbyshire County Council; Interested Party: Derbyshire Waste Limited
Jurisdiction
England and Wales
Judgment Date
07 November 2003
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application allowed in part; planning permission quashed on BPEO ground; costs apportioned.
Legal Topics
Judicial Review, Environmental Impact Assessment, Waste Management, Planning Permission, Best Practicable Environmental Option (bpeo), Landfill Directive, Waste Strategy 2000
Administrative Law Environmental Law Planning Law Judicial Review Environmental Impact Assessment Waste Management Planning Permission Best Practicable Environmental Option (bpeo) +2 more

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Parties

The Queen on the application of Blewett

Claimant

Derbyshire County Council

Defendant

Derbyshire Waste Limited

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the environmental statement accompanying the planning application was legally adequate under the relevant regulations.
  2. 2 Whether the planning authority failed to keep in mind the relevant objectives under the Waste Management Licensing Regulations 1994, specifically minimising nuisance from noise and odour.
  3. 3 Whether the planning authority lawfully considered and applied the Best Practicable Environmental Option (BPEO) as required by Waste Strategy 2000 and the Landfill Directive.

Ratio Decidendi

The planning authority failed to lawfully consider and apply the Best Practicable Environmental Option (BPEO) as required by Waste Strategy 2000 and the Landfill Directive. The authority's approach relegated BPEO to a mere material consideration, rather than an obligatory objective, and failed to conduct a proper analysis of whether the proposed landfill was the BPEO for the relevant waste stream. This was a significant flaw in the decision-making process, warranting quashing of the planning permission.

Court Disposition

Application allowed in part; planning permission quashed on BPEO ground; costs apportioned.

Orders

  • Planning permission dated 23rd December 2002 quashed.
  • Defendant to pay 50% of claimant's costs, subject to detailed assessment.