Skrytek v Secretary of State for Communities and Local Government & Ors

Skrytek v Secretary of State for Communities and Local Government & Ors

The Inspector did not categorise the facility as 'recovery' but correctly applied the waste hierarchy, recognising the facility as 'disposal' unless and until it exported heat and met the R1 threshold; the reasoning was legally adequate and consistent with the relevant law and policy framework.

Parties
Appellant: Dorothy Skrytek; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Derby City Council; Third Respondent: Resource Recovery Solutions (Derbyshire) Ltd
Jurisdiction
England and Wales
Judgment Date
15 October 2013
Procedural Posture
Judicial Review (planning Appeal) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Waste Management Hierarchy, Planning Permission, Interpretation of EU Directives, Judicial Review Standards
Administrative Law Environmental Law Planning Law Waste Management Hierarchy Planning Permission Interpretation of EU Directives Judicial Review Standards

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Parties

Dorothy Skrytek

Appellant

Secretary of State for Communities and Local Government

First Respondent

Derby City Council

Second Respondent

Resource Recovery Solutions (Derbyshire) Ltd

Third Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Planning Inspector erroneously categorised the proposed waste treatment facility as 'recovery' rather than 'disposal' under the waste hierarchy
  2. 2 Whether the Inspector's reasoning was legally adequate in the decision letter

Ratio Decidendi

The Inspector did not categorise the facility as 'recovery' but correctly applied the waste hierarchy, recognising the facility as 'disposal' unless and until it exported heat and met the R1 threshold; the reasoning was legally adequate and consistent with the relevant law and policy framework.

Court Disposition

Appeal dismissed

Orders

  • The Inspector's decision is upheld.
  • No error of law found in the reasoning or categorisation of the facility.