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Baker, R (on the application of) v Bath and North East Somerset Council.

País/Territorio
Reino Unido
Tipo de la corte
Nacional - corte superior
Fecha
Feb 19, 2009
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court
Sede de la corte
London
Juez
Collins.
Número de referencia
[2009] EWHC 595 (Admin)
Idioma
Inglés
Materia
Medio ambiente gen., Desechos y sustancias peligrosas
Palabra clave
Residuos sólidos Desperdicio de alimentos Desechos orgánicos Eliminación de desechos Infracciones/sanciones Cumplimiento/aplicación Desechos urbanos Residuos industriales
Resumen
The present case was was a challenge to the grant of a number of permissions for a waste disposal facility that managed, through composting "green" waste. The main thrust of the challenge concerned a failure to carry out EIA. As the grants of planning permission in issue were modifications/extensions to an already authorised development it was argued that the further development did not cross the threshold contained in the EIA Regulations so that there was no need to screen (i.e. consider whether the permissions were likely to have significant effects) the further permissions for EIA. The threshold in the Regulations requires that in assessing whether a modification/extension exceeds the threshold one is required apply the threshold “to the change or extension (and not to the development as changed or extended).” The Judge held, contrary to the arguments of the Secretary of State as intervener, that in this regard the EIA Regulations did not properly transpose the EIA Directive. The thresholds should not be applied by reference only to the modification/extension itself as opposed to the whole project as proposed to be modified/extended. The Secretary of State has not appealed the decision. The consequence is, pending amendment of the EIA Regulations, that in applying the threshold for changes or extensions planning authorities should apply the thresholds to the development as changed or extended. The result is that if there is an existing development or permission which was itself over the threshold in Schedule 2 any application for a change/extension of the same would also exceed the threshold and require screening.