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R (Berry & Marshall (Bolton Wood) Ltd) v Secretary of State for the Environment, Food and Rural Affairs [2011] EWCA Civ 636.

DATE: 26 May 2011

The Court of Appeal today gave judgment in R (Berry & Marshall (Bolton Wood) Ltd) v Secretary of State for the Environment, Food and Rural Affairs [2011] EWCA Civ 636.

The case involved a judicial review of the refusal of the Secretary of State's inspector to grant a PPC permit. Under the Landfill (England and Wales) Regulations 2002, reg 10(4)(b) it is provided that "[i]n the case of an application for a permit that will authorise the carrying out of a specified waste management activity at an installation… the permit shall not be granted unless ... (b) in the case of an installation where the use of the application site for the carrying out of that activity requires planning permission granted under the Town and Country Planning Act, such planning permission is in force in relation to that use of the land."

The judgment of Carnwath LJ explores the extent to which the deposit of waste material is a material change of use requiring planning permission, and the extent to which permission for such deposits has been granted under current and historic General Development Orders.

The Court of Appeal upheld the decision of HH Judge Behrens dismissing the challenge.

James Maurici appeared for the Secretary of State instructed by DEFRA legal.