Bolton MBC v SOS Environment and Greater Manchester Waste Disposal Authority
Bolton MBC v SOS Environment and Greater Manchester Waste Disposal Authority
- 1991
- Journal of Planning and Environment Law 1991 JPL 241-252(12) .
CA 27 July 1990. Under the Control of Pollution Act 1974 the Greater Manchester Waste Disposal Authority (G) made a compulsory purchase order for land at Red Moss owned by Bolton MBC B, confirmed by SOS for Environment on 28 March 1989. (B) applied under the Acquisition of Land Act 1981 s23 to HC, who quashed the order. G appealed. B had withdrawn its objection. However, it had not been brought to the attention of the Inspector at the inquiry. Whilst the SOS was deciding whether or not to confirm the CPO the DOE published a green paper "Role and functions of waste disposal authorities". If implemented the reason for B withdrawing its objection to CPO would disappear. After taking the various factors in consideration, CA dismissed the appeal.
LANDFILL SITES
CA 27 July 1990. Under the Control of Pollution Act 1974 the Greater Manchester Waste Disposal Authority (G) made a compulsory purchase order for land at Red Moss owned by Bolton MBC B, confirmed by SOS for Environment on 28 March 1989. (B) applied under the Acquisition of Land Act 1981 s23 to HC, who quashed the order. G appealed. B had withdrawn its objection. However, it had not been brought to the attention of the Inspector at the inquiry. Whilst the SOS was deciding whether or not to confirm the CPO the DOE published a green paper "Role and functions of waste disposal authorities". If implemented the reason for B withdrawing its objection to CPO would disappear. After taking the various factors in consideration, CA dismissed the appeal.
LANDFILL SITES