Environment Agency v Inglenorth Ltd

Environment Agency v Inglenorth Ltd

On the magistrates' findings of fact, the demolition material was not waste at the time of deposit at the Cheadle site because the owner had a clear, immediate intention to reuse it as hardcore for a car park, and it was not being discarded. The correct legal test was applied, and the appeal was dismissed.

Parties
Claimant: Environment Agency; Defendant: Inglenorth Limited
Jurisdiction
England and Wales
Judgment Date
17 March 2009
Procedural Posture
Criminal Appeal (case Stated) / Divisional Court Judgment on Appeal From Magistrates
Outcome
Appeal dismissed
Legal Topics
Definition of Waste, Environmental Protection Act 1990, European Waste Framework Directive, Controlled Waste, Licensing Requirements, Statutory Interpretation
Environmental Law Criminal Law Definition of Waste Environmental Protection Act 1990 European Waste Framework Directive Controlled Waste Licensing Requirements Statutory Interpretation

Case Brief

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Parties

Environment Agency

Claimant

Inglenorth Limited

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Divisional Court Judgment on Appeal From Magistrates

Legal Issues

  1. 1 Whether demolition material delivered for intended reuse constitutes 'waste' under the Environmental Protection Act 1990 and the Waste Framework Directive
  2. 2 Whether the magistrates applied the correct legal test for 'discard' and 'waste'
  3. 3 Whether the findings of fact supported the acquittal

Ratio Decidendi

On the magistrates' findings of fact, the demolition material was not waste at the time of deposit at the Cheadle site because the owner had a clear, immediate intention to reuse it as hardcore for a car park, and it was not being discarded. The correct legal test was applied, and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal by Environment Agency dismissed
  • No certification of point of law for appeal to House of Lords