Walleys Quarry Ltd, R (on the application of) v The Environment Agency

Walleys Quarry Ltd, R (on the application of) v The Environment Agency

The Claimant's grounds for judicial review are not arguable; the Environment Agency acted within its statutory powers in issuing the Closure Notice and requiring cessation of waste acceptance. The procedural safeguards applicable to permit revocation do not apply to closure notices, and the Claimant was given an opportunity to make representations. The evidence of impending insolvency does not meet the high threshold required for interim relief. The balance of convenience and public interest favour refusing interim relief.

Parties
Claimant: Walleys Quarry Ltd; Defendant: The Environment Agency
Jurisdiction
England and Wales
Judgment Date
03 July 2025
Procedural Posture
Judicial Review / Interim Relief Application and Permission Determination
Outcome
Application for interim relief refused; permission to apply for judicial review refused.
Legal Topics
Judicial Review, Landfill Regulation, Interim Relief, Permit Revocation, Closure Notices, Human Rights (article 6 Echr)
Administrative Law Environmental Law Planning Law Judicial Review Landfill Regulation Interim Relief Permit Revocation Closure Notices +1 more

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Parties

Walleys Quarry Ltd

Claimant

The Environment Agency

Defendant

Procedural Posture

Judicial Review / Interim Relief Application and Permission Determination

Legal Issues

  1. 1 Whether the Environment Agency acted unlawfully in issuing a Closure Notice requiring immediate cessation of waste acceptance at the landfill site
  2. 2 Whether the Closure Notice deprived the Claimant of procedural safeguards available under permit revocation
  3. 3 Whether the Defendant's approach was procedurally unfair by not allowing representations on the steps in the Closure Notice

Ratio Decidendi

The Claimant's grounds for judicial review are not arguable; the Environment Agency acted within its statutory powers in issuing the Closure Notice and requiring cessation of waste acceptance. The procedural safeguards applicable to permit revocation do not apply to closure notices, and the Claimant was given an opportunity to make representations. The evidence of impending insolvency does not meet the high threshold required for interim relief. The balance of convenience and public interest favour refusing interim relief.

Court Disposition

Application for interim relief refused; permission to apply for judicial review refused.

Orders

  • Refusal of interim relief staying the Closure Notice
  • Refusal of permission to apply for judicial review