Court of Appeal to hear challenge over green waste operations
The Court of Appeal has granted permission to appeal against a High Court ruling on green waste operations in the Metropolitan Green Belt, it has been reported.
Francis Taylor Building said that in R (Becker) v Hertfordshire CC [2018] EWHC 1974 (Admin) HHJ Keyser QC quashed permission to operate a maturation site on the basis of an error (admitted by the defendant and interested party) in the application of policy.
However, FTB said the High Court judge dismissed other grounds of challenge to a separate decision to vary the terms on which the wider composting operation is managed, including:
- varying the condition relating to vehicle movements,
- varying the condition relating to site operations, and
- altering the description of the land on which the compost could be used (on the claimant’s argument, materially extending the scope of the permission).
The appeal will likely be heard in June or July, FTB said.
Ned Westaway of Francis Taylor Building, instructed by Richard Buxton Environmental and Public Law, acts for the claimant/appellant. Charles Streeten, also of FTB, acts for the interested party/second respondent, instructed by Woodfines LLP.
