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R (Residents Against Waste Site Ltd) v. Lancashire County Council [2008] Env. L.R. 27

DATE: 07 Nov 2007

In this judicial review challenge to the grant of planning permission for a new strategic waste technology plant to serve the county of Lancashire, Irwin J dismissed the claimant's argument that Lancashire County Council in granting permission had failed to consider properly the "relevant objectives" for waste functions as set out in Article 4 of the Waste Framework Directive (as transposed into the Waste Management Licensing Regulations 1994). Amongst other things, Irwin J held that explicit reference to the "relevant objectives" was not necessary provided that they are properly considered in substance.

 

Although the claim was unsuccessful, Irwin J held that the claimant company did have standing to bring judicial review proceedings, notwithstanding that it was incorporated several weeks after the planning permission was granted on the express basis of limiting individual objectors' costs liability.

David Elvin QC & Charles Banner appeared for the defendant, Lancashire County Council.