Derbyshire Waste Ltd. v Blewett

Derbyshire Waste Ltd. v Blewett

Article 8(b) of the Landfill Directive is part of UK law via the 1994 Regulations implementing the Waste Framework Directive, but it does not require that planning permission for landfill be granted only if the proposal is the BPEO. The Council's consideration of BPEO was so seriously flawed as to render its decision unlawful. The court should not exercise its discretion to refuse relief, as it is not possible to say the outcome would have been the same had BPEO been properly considered.

Parties
Appellant: Derbyshire Waste Limited; Respondent: John Blewett; Intervener: The Secretary of State for the Environment, Food and Rural Affairs
Jurisdiction
England and Wales
Judgment Date
11 November 2004
Procedural Posture
Judicial Review (planning Permission) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Waste Management, Landfill Directive, Waste Framework Directive, Best Practicable Environmental Option (bpeo), Judicial Review, Planning Permission, Implementation of EU Directives
Environmental Law Administrative Law Planning Law Waste Management Landfill Directive Waste Framework Directive Best Practicable Environmental Option (bpeo) Judicial Review +2 more

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Parties

Derbyshire Waste Limited

Appellant

John Blewett

Respondent

The Secretary of State for the Environment, Food and Rural Affairs

Intervener

Procedural Posture

Judicial Review (planning Permission) / Appeal From Administrative Court to Court of Appeal

Legal Issues

  1. 1 Whether Article 8(b) of the Landfill Directive is part of UK law and its effect on planning permission for landfill
  2. 2 Whether compliance with BPEO as incorporated in Waste Strategy 2000 is a pre-condition for granting planning permission for landfill
  3. 3 Whether the Council's consideration of BPEO was so flawed as to be unlawful

Ratio Decidendi

Article 8(b) of the Landfill Directive is part of UK law via the 1994 Regulations implementing the Waste Framework Directive, but it does not require that planning permission for landfill be granted only if the proposal is the BPEO. The Council's consideration of BPEO was so seriously flawed as to render its decision unlawful. The court should not exercise its discretion to refuse relief, as it is not possible to say the outcome would have been the same had BPEO been properly considered.

Court Disposition

Appeal dismissed

Orders

  • The appellant to pay the respondent’s costs to be assessed if not agreed
  • Detailed assessment of the Legal Service Commission funding of the respondent’s residual costs