Gateshead MBC v SoS Environment and Northumbrian Water Group plc
Gateshead MBC v SoS Environment and Northumbrian Water Group plc
- 1994
- Property and Compensation Reports (1994) 67 P&CR 179-191(13) .
QBD 29 September 1993. The grant of outline planning permission for a clinical waste incinerator on appeal from N, contrary to the Inspector`s recommendations, was challenged in the courts by G. G argued that SoS`s reliance on the EPA pollution controls alone was not a lawful route for a planning decision; that the controls themselves were not shown to be sufficient in the circumstances; and the SoS had not justified his departure from the Inspector`s opinion. The court dismissed G`s application considering there to be legitimate overlap between planning and pollution control and that the SoS had presented his reasons intelligibly.
ENVIRONMENTAL PROTECTION ACT 1990
MATERIAL CONSIDERATIONS
PLANNING CONTROL
POLLUTION CONTROL
STRUCTURE PLAN
TOWN AND COUNTRY PLANNING ACT 1990 S288
WASTE INCINERATORS
QBD 29 September 1993. The grant of outline planning permission for a clinical waste incinerator on appeal from N, contrary to the Inspector`s recommendations, was challenged in the courts by G. G argued that SoS`s reliance on the EPA pollution controls alone was not a lawful route for a planning decision; that the controls themselves were not shown to be sufficient in the circumstances; and the SoS had not justified his departure from the Inspector`s opinion. The court dismissed G`s application considering there to be legitimate overlap between planning and pollution control and that the SoS had presented his reasons intelligibly.
ENVIRONMENTAL PROTECTION ACT 1990
MATERIAL CONSIDERATIONS
PLANNING CONTROL
POLLUTION CONTROL
STRUCTURE PLAN
TOWN AND COUNTRY PLANNING ACT 1990 S288
WASTE INCINERATORS