Powys County Council v Price & Anor

Powys County Council v Price & Anor

Powys County Council is not an 'appropriate person' under section 78F(2) of the Environmental Protection Act 1990 for the purposes of remediation of contaminated land caused by its predecessor, Brecknock Borough Council, because the liability under Part IIA did not exist at the date of succession and was not transferred by the 1996 Order. The statutory provisions do not operate retrospectively to impose on Powys a liability created by legislation that came into force after the succession.

Parties
Appellant: Powys County Council; Respondent: Mr. E. J. Price; Respondent: Mrs E. J. Hardwick
Jurisdiction
England and Wales
Judgment Date
27 July 2017
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Contaminated Land Liability, Statutory Interpretation, Successor Authority Liability, Retrospective Legislation
Environmental Law Local Government Law Contaminated Land Liability Statutory Interpretation Successor Authority Liability Retrospective Legislation

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Parties

Powys County Council

Appellant

Mr. E. J. Price

Respondent

Mrs E. J. Hardwick

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether Powys County Council is an 'appropriate person' under section 78F(2) of the Environmental Protection Act 1990 for remediation of contaminated land due to actions of its predecessor, Brecknock Borough Council.
  2. 2 Whether liabilities under Part IIA of the Environmental Protection Act 1990, which came into force after local government reorganisation, were transferred to Powys under the Local Government (Wales) Act 1994 and the 1996 Order.

Ratio Decidendi

Powys County Council is not an 'appropriate person' under section 78F(2) of the Environmental Protection Act 1990 for the purposes of remediation of contaminated land caused by its predecessor, Brecknock Borough Council, because the liability under Part IIA did not exist at the date of succession and was not transferred by the 1996 Order. The statutory provisions do not operate retrospectively to impose on Powys a liability created by legislation that came into force after the succession.

Court Disposition

Appeal allowed

Orders

  • Declaration granted by the High Court set aside
  • No order as to further liability under Part IIA of the Environmental Protection Act 1990 against Powys County Council