R (Edwards) v. Environment Agency & Others [2005] EWHC 657 (Admin).
Lindsay J. (sitting in the Administrative Court) dismissed a judicial review of the grant of a PPC permit for the trial burning of chipped tyres as a substitute fuel ayt Rugby Cement Works and rejected contentions that the consent should have been subject to environmental impact assessment.
He held that the burning of tyres on a trial basis as a fuel for the manufacture of cement was not a project with Annex I or Annex II of the EIA Directive. In particular, the burning of the tyres did not change the use of the cement works to one for the disposal of waste and para. 13 of Annex II did not apply since the environmental effects of the change of fuel were beneficial not adverse.
Lindsay J. decline to refer the case to the European Court of Justice and refused permission to appeal.
David Elvin QC represented the Environment Agency, the First Secretary of State and the Secretary of State for the Environment, Food & Rural Affairs.
