Borough launches JR over Environment Agency permit decision for eco park

A local authority has applied to the High Court for judicial review of an Environment Agency decision to grant a permit for an ‘eco park’ with a waste and recycling centre.

The agency announced in October 2012 that it had issued a permit for the Eco Park in Charlton Lane, Shepperton. A planning application for the park was approved by Surrey County Council on 9 March last year.

Spelthorne Borough Council said it had concerns about pollution and safety issues and had taken legal advice before pursuing the judicial review.

In its pre-action protocol letter, sent on 14 December, the authority said there were three principal areas of concern:

• The legality of the conditions imposed;
• Whether the permit satisfied the requirements of EU law; and
• Whether the Environment Agency's approach to the adoption of "this novel technology was permissible given experience elsewhere and the requirements of EU law”.

Spelthorne’s Leader, Frank Ayers, said: "Issues of safety are high among the council's priorities. This move is obviously not something which we wish to take on lightly, but when the council received legal advice that the permit appeared to allow pollution from vents at three times the level permitted under EU law – we had to take action to protect our residents. 

"The decision to act was made after consultation with the Cabinet Members for Environment and Planning - Cllrs Watts and Forsbrey. We look forward to the response of the EA and we hope that our concerns for residents' safety can be satisfied without the need for expensive drawn-out litigation in the High Court".