Ecolex Logo
El portal del
derecho ambiental
Resultados de la búsqueda » Jurisprudencia

Derbyshire Waste Ltd. v Blewett.

País/Territorio
Reino Unido
Tipo de la corte
Nacional - corte superior
Fecha
Nov 11, 2004
Fuente
UNEP, InforMEA
Nombre del tribunal
Court of Appeal
Sede de la corte
London
Juez
Auld, Buxton, Laws.
Número de referencia
[2004] EWCA Civ 1508
Idioma
Inglés
Materia
Desechos y sustancias peligrosas
Palabra clave
Residuos sólidos Desperdicio de alimentos Manejo de tierras Desechos orgánicos Eliminación de desechos Desechos urbanos Gestión de desechos Residuos industriales Transporte/depósito
Resumen
This is an appeal of Derbyshire waste Limited from the decision of the High Court on 7th November 2003, on a claim by Mr John Blewett for judicial review, quashing on one of three grounds a planning permission given by the Derbyshire County Council on 23rd December 2002 to the appellant to use land at the former Glapwell Colliery, Sutton Scarsdale, near Bolsover in North-East Derbyshire, for "land reclamation by waste disposal with restoration to agricultural, woodland, grassland and nature conservation". The judge had held that the Council, in making its planning decision, was obliged to comply with the Best Practicable Environmental Option (BPEO) methodology, but that even if it was not so obliged, its consideration of BPEO in this case was so inadequate as to render its grant of planning permission unlawful. Derbyshire Waste and the Secretary of State maintain that he was wrong to hold that the Council had such an obligation, and Derbyshire Waste alone argues that he wrongly held on the facts that the Council's consideration of the BPEO was so inadequate as to render its decision unlawful. The central thrust of High Court’s judgment was that planning permission should only be granted for a landfill site if it is the BPEO as incorporated in the Waste Strategy 2000 for dealing with the waste stream involved. The main issue in the appeal is whether he was correct to regard the BPEO exercise and outcome as a pre-condition of planning permission in that way or whether, as [the Secretary of State] put it, the answer in any individual case must turn on the relative weight to be given to the BPEO objectives when considered alongside and against all other material planning considerations. The Court of Appeal had to decide whether a waste planning authority, in determining a planning application for waste disposal by landfill, is obliged by the Waste Framework Directive and the Landfill Directive to satisfy itself before granting permission that the proposal complied with the decision making policies and methodology for the choice of the method of waste management, the BPEO as incorporated in the national plan, the Waste Strategy 2000. Lord Justice Auld defined BPEO as follows:“BPEO, put shortly, establishes for waste planning decision makers a hierarchy of desirability of methods of confronting waste, starting at the top with reduction of its generation and use of resources and ending at the bottom with disposal, for example by landfill. All other things being equal, the BPEO methodology is that landfill should be considered last because it is the least desirable environmental option”. The Court held that it is not a pre-condition of the grant of planning permission that the proposal satisfies the policies of BPEO but the BPEO principles must, so far as practicable and identifiable in the circumstances of any individual case, be capable of application in the determination of applications for planning permission. A local planning authority must be able to demonstrate that they have given sufficient weight and importance to the BPEO policies on the facts of the case.