Gateshead MBC v SoS Environment
Gateshead MBC v SoS Environment
- 1995
- Journal of Planning and Environment Law 1995 JPL 432-440(9) .
CA 21 May 1994. Clinical waste incinerator - duality of control - Town and Country Planning Act - Environmental Protection Act - planning permission refused - environmental consequences to surroundings - environmental impact of emissions a material consideration - public concern could only be a material condiseration if it were justified otherwise little if any industrial development would ever be allowed - if the discharges were bound to be unacceptable so that HMIP would refuse authorisation, planning permission should be refused - in the absence of such clear evidence the issues were clearly within the jurisdiction of HMIP - grant of planning permission by Sos upheld (Journal abstract)
CA 21 May 1994. Clinical waste incinerator - duality of control - Town and Country Planning Act - Environmental Protection Act - planning permission refused - environmental consequences to surroundings - environmental impact of emissions a material consideration - public concern could only be a material condiseration if it were justified otherwise little if any industrial development would ever be allowed - if the discharges were bound to be unacceptable so that HMIP would refuse authorisation, planning permission should be refused - in the absence of such clear evidence the issues were clearly within the jurisdiction of HMIP - grant of planning permission by Sos upheld (Journal abstract)