Source: All England Reporter
Publisher Citation: [2002] All ER (D) 362 (May)
Neutral Citation: [2002] EWCA Civ 749
Court: Court of Appeal, Civil Division
Judge:

Schiemann, May and Clarke LJJ

Representation Neil King QC and David Park (instructed by Nicholson Graham & Jones) for the claimants.
  David Elvin QC and David Forsdick (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 23 May 2002

Catchwords

Public health - Offensive trades - Consent by local authority to establishment of offensive trades - Secretary of State issuing guidance relating to grant of authorisation for establishment of offensive trade - Rendering of animal by-products - Whether guidance lawful - s 7.

The Case

Guidance issued by the Secretary of State to local authorities relating to measures for preventing or minimising the release of harmful odours from the process of rendering animal by-products, to be imposed when authorising rendering developments, were within the Secretary of State's powers under the and were in the public interest.

Practice Areas

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