Don't Slip Up Over Comoost

摘要

A recent case in the Court of Appeal illustrates how important it is to understand the legislation dealing with waste when considering a planning application for a composting facility. In this case Barnsley Metropolitan Borough Council (the Council) was appealing against a decision of the High Couri to quash the grant of planning permission to develop a 1.4 hectare composting site. Planning permission had been granted despite considerable objection by local residents to the proposal. Following the grant of the planning permission one of the objectors sought judicial review on the grounds that the application fell within Schedule 2 to the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (the Regulations) and that the Council's screening opinion was inadequate.