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Judicial review (see also: Integrated pollution control, Planning) - R v Bolton Metropolitan Borough Council ex parte Kirkman (5 May 1998) Court of Appeal

United Kingdom
15/07/1998
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This case was the appeal from a decision of the High Court Queen's Bench Division of 19 December 1997 which is covered in more detail in issue 2 of the Case Law Digest. Mr Kirkman sought to quash the grant of planning permission for the installation of a waste to energy plant by way of judicial review on the grounds that the planning authority had not taken into account Schedule 4 of The Waste Management Licensing Regulations 1994 and had failed to give proper consideration to the "best practicable environmental option." Following Gateshead Metropolitan Borough Council v Secretary of State for the Environment [1994] Env LR 37 the Judge found that even though the impact of air discharges from the proposed plant was a material planning consideration the planning authority had been justified in deciding to leave such matters to the integrated pollution control system in the Environmental Protection Act 1990 in respect of which the Environment Agency is the regulator. The Court of Appeal held that the Judge had been entirely correct in his findings and was correct in finding that (i) there had been widespread consultation of all relevant interests, (ii) the applicant's legitimate concerns about his immediate environment could be met by other controls and (iii) the Court agreed with the Court of first instance that even if Mr Kirkman's arguments were accepted no relief should be granted. (NLD, 5 May 1998)

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