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England and Wales decisions
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The tribunal allowed an appeal against a £100 fixed penalty for alleged waste-bin non-compliance, finding no sufficient proof that required notices were served.
Policy W3 is lawful as it does not unlawfully extend beyond the statutory definition of waste, is justified by evidence of environmental harm, and the requirements imposed are proportionate and within the LPA's powers. The failure to consult the NFU at Regulation 19 stage did not cause substantial prejudice as their arguments were before the Inspectors at other stages. The Inspectors' reasons were legally adequate.
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The respondent failed to demonstrate, on the balance of probabilities, that the appellant's storage of bins in the alleyway caused or was likely to cause a nuisance or was detrimental to amenities as required by section 46A(1)(b) of the Environmental Protection Act 1990. The appeal is allowed and the fixed penalty withdrawn.
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The claimants proved, through overwhelming and unchallenged evidence, that repeated unauthorised encampments and associated activities caused significant harm, nuisance, and breaches of planning control within defined areas. Statutory and other remedies were inadequate. The court found it just, proportionate, and necessary to grant final injunctive relief, including against persons unknown, with a power of arrest, subject to strict territorial and temporal limits and procedural safeguards.
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The National Farmers' Union v Herefordshire Council & Ors [2025] EWHC 536 (Admin) (10 March 2025)
The High Court upheld Herefordshire’s Policy W3 on agricultural waste and nutrient neutrality, rejecting the NFU’s claims on waste definition, consultation, and reasons.
The Inspector and Secretary of State correctly interpreted and applied the Waste Plan spatial strategy and Policy 4, including the proximity principle. The reasoning was adequate and rational, and no material errors of fact or misapplication of policy occurred. The claim failed to meet the threshold for judicial intervention.
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The tribunal dismissed an appeal against a fixed penalty notice over wheelie bins on the highway, holding the notice was not issued against the appellant.
The appellant had a reasonable excuse for not complying with the requirement to use wheeled bins because the section 46 notice was not effectively served on her, given her limited English and the notice's pamphlet format, and she was unaware of the requirement.
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The FCC waste does not consist entirely of calcium based reaction waste from titanium dioxide production. A significant proportion of the APCRs used in the process is non-reactive and/or not calcium-based, and the process is more accurately described as the neutralisation of APCRs with FC rather than the treatment of FC with APCRs. The statutory requirement that the material must consist 'entirely' of qualifying material is not met. Therefore, the FCC waste does not qualify for the lower rate of landfill tax under Note (9)(a) of the Schedule to the Landfill Tax (Qualifying Material) Order 201…
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Atlantic Recycling Ltd, R. v [2024] EWCA Crim 325 (13 March 2024)
The Court of Appeal refused leave to appeal against conviction, holding that breach of the fire prevention plan itself was sufficient and the permit condition applied to all permitted activities.
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