[2004] EWCA (Civ) 1508, 11 November 2004. D appealed against HC decision ([2003] EWHC 2775 (Admin), [2004] Env LR 29) quashing planning permission granted to D by Derbyshire CC to use land at the former Glapwell Colliery for land reclamation by waste disposal with restoration to agricultural land, woodland, grassland and nature conservation. The main issue, in the appeal, is whether a waste planning authority in determining a planning application for waste disposal by landfill, is obliged by provisions of Directive 75/442/EEC and Directive 99/31/EC to satisfy itself before granting permission. And that the proposal complies with the decision-making policies and methodology for the choice of the method of waste management as laid down in the Best Practicable Environmental Option (BPEO) incorporated into "Waste Strategy 2000". The HC held that Derbyshire CC in making its decision was obliged to comply with the BPEO methodology and its consideration of BPEO was so inadequate as to render its grant of planning permission unlawful. D maintained that the HC was wrong to hold that the waste planning authority had such an obligation. Held that local waste authorities considering waste planning applications with BPEO consideration were required by law and could reasonably be expected to undertake some BPEO analysis. HC decision upheld. Appeal dismissed. View judgment at www.bailii.org.