Department of the Environment and Heritage Service v Felix O'Hare & Co Ltd & Anor (t/a Phillips Contracts) [2007] NICA 45 (27 November 2007)

Department of the Environment and Heritage Service v Felix O'Hare & Co Ltd & Anor (t/a Phillips Contracts) [2007] NICA 45 (27 November 2007)

On the undisputed facts, the excavated soil and clay were material that had to be disposed of and were thus discarded within the meaning of the legislation. The material fell within the definition of waste and, being from a school site, constituted household or industrial waste and thus controlled waste under the 1997 Order and relevant regulations.

Citation
[2007] NICA 45
Parties
Complainant/appellant: Department of the Environment and Heritage Service; Defendant/respondent: Felix O'Hare & Co Ltd; Defendant/respondent: James Phillips t/a Phillips Contracts
Jurisdiction
Northern Ireland
Judgment Date
27 November 2007
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Decision on Question of Law From Magistrates' Court
Outcome
Appeal allowed
Legal Topics
Definition of Controlled Waste, Interpretation of Waste Under Domestic and EU Law, Waste Management Licensing, Excavated Soil as Waste
Environmental Law Administrative Law Definition of Controlled Waste Interpretation of Waste Under Domestic and EU Law Waste Management Licensing Excavated Soil as Waste

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Parties

Department of the Environment and Heritage Service

Complainant/appellant

Felix O'Hare & Co Ltd

Defendant/respondent

James Phillips t/a Phillips Contracts

Defendant/respondent

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Decision on Question of Law From Magistrates' Court

Legal Issues

  1. 1 Whether soil and clay excavated from a playing field site constitute 'controlled waste' under the Waste and Contaminated Land (Northern Ireland) Order 1997

Ratio Decidendi

On the undisputed facts, the excavated soil and clay were material that had to be disposed of and were thus discarded within the meaning of the legislation. The material fell within the definition of waste and, being from a school site, constituted household or industrial waste and thus controlled waste under the 1997 Order and relevant regulations.

Court Disposition

Appeal allowed

Orders

  • Answer to the case stated is 'no'—the Resident Magistrate was not correct in law.
  • Matter remitted to the Resident Magistrate to hear and determine in accordance with law in light of this ruling.