Source: All England Reporter
Publisher Citation: [2008] All ER (D) 301 (Jul)
Court: Queen's Bench Division, Administrative Court
Judge:

Sullivan J
Representation James Pereira (instructed by Friends of the Earth Rights and Justice Centre) for the claimant in the first application.
  Richard Harwood (instructed by EarthRights) for the first claimant in the second application.
  Gordon Nardell (instructed by Hedleys, Surrey) for the second claimant in the second application.
  Nathalie Lieven QC and Lisa Busch (instructed by Angela Reid) for the authority.
  David Holgate QC and Daniel Kolinsky (instructed by Bond Pearce) for the interested parties.
Judgment Dates: 22 July 2008

Catchwords

Town and country planning - Permission for development - Material consideration - Status of 'Pollution Prevention and Control' permit - Planning application being made for construction and operation of 'energy recovery facility' - Environment Agency issuing permit for operation of facility - Local authority granting planning permission for facility despite status of permit having been made the subject of separate and unresolved proceedings - Environment Agency withdrawing permit for reconsideration - Whether authority failing to consider status of permit when granting permission.

The Case

Town and country planning Permission for development. In the instant case, the defendant local authority's planning committee had not erred in deciding to grant planning permission for the construction and operation of an 'Energy Recovery Facility' (ERF) even though the relevant 'Pollution Prevention and Control' (PPC) permit for the site in question was the subject of separate and unresolved judicial review proceedings when the authority had made its decision, and the fact that about a month later the permit was withdrawn by the Environment Agency. The Agency had simply amplified its reasoning in relation to one particular matter; it had not altered the substance of the PPC permit to such an extent that the ERF could not then operate.

Practice Areas

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