Blewett v Derbyshire Waste Ltd

Core Citations

CONSIDERS

• R v Daventry District Council ex parte Thornby Farms; R v Derbyshire County Council ex parte Murray
• Smith v Secretary of State for the Environment, Transport and Regions and Others
• R v Cornwall County Council, ex parte Hardy

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• R v Leicestershire Cc, ex parte Blackfordby and Boothcorpe Action Group Ltd
• R (Burkett) v Hammersmith and Fulham London Borough Council (No 1)
• Murray v Derbyshire CC
• John Gillespie and First Secretary of State, Bellway Urban Renewal Southern
• R v Bolton Metropolitan Borough Council, ex parte Kirkman
• Berkeley v Secretary of State for the Environment Transport and the Regions and Another
• R v North Yorkshire County Council, ex parte Brown and Another

CONSIDERS

• Employment Act 2002
• Town and Country Planning Act 1990
• Town and Country Planning Act 1990 - Articles : S-44A

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• Environment Act 1995

CONSIDERED in

• Flaxby Park Ltd v Harrogate Borough Council
• R Gray v London Borough of Southwark (First Defendant) Mayor of London (Second Defendant) Secretary of State for Communities and Local Government (Third Defendant) English Heritage (Fourth Defendant) Network Rail (First Interested Party) Department of Transport (Second Interested Party)
• William Bosson v Derbyshire County Council Sita UK and Another (Interested Parties)

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• Helford Village Development Company Ltd v Kerrier District Council
• R Gray v London Borough of Southwark (First Defendant) Mayor of London (Second Defendant) Secretary of State for Communities and Local Government (Third Defendant) English Heritage (Fourth Defendant) Network Rail (First Interested Party) Department of Transport (Second Interested Party)
• R Lady Hart of Chiltern v Babergh District Council
• R David Palmer v Herefordshire Council James Davenport (t/a Foxley Estate), DJ and IR Powell (Interested Parties)
• Davies v Secretary of State for Communities & Local Government
• The Queen (on the application of Leckhampton Green Land Action Group Ltd) v Tewkesbury Borough Council Redrow Homes Ltd and Another (Interested Parties)
• R (on the application of Friends of the Earth Ltd) v The Secretary of State for International Trade / Export Credits Guarantee Department (UK Export Finance) (“UKEF”)
• The Queen (on the Application of Peter Evans) v Basingstoke and Deane Borough Council Victacress Salads Ltd (Interested Party)
• The King (on the application of) Andrew Boswell v The Secretary of State for Transport
• Alternative A5 Alliance’s Application
• Cogent Land Llp (Claimant) Rochford District Council (Defendant) Bellway Homes Ltd (Interested Party)
• R Khan v London Borough of Sutton Viridor Waste (Thames) Ltd and Others (Interested Parties)
• Preston New Road Action Group (Through Mrs Susan Holliday) v (1) Secretary of State for Communities and Local Government
• R (on the application of David Padden) v Maidstone Borough Council Guy Harrison Emily Harrison and Another (Interested Parties)
• Flaxby Park Ltd v Harrogate Borough Council
• Coyne and Another v an Bord Pleanála and Others; Coyne and Another v an Bord Pleanála and Others
• The Queen (on the Application of Marton-cum-grafton Parish Council) v North Yorkshire County Council Ameycespa Ltd (First Interested Party) City of York Council (Second Interested Party) The Right Honourable Edward William Stephen Baron Mowbray Segrave and Stourton (Third Interested Party)
• Bowen-West v Secretary of State for Communities and Local Government (1st Respondent) Northamptonshire County Council (2nd Respondent) Augean Plc (3rd Respondent)
• Louise Bowen-west v Secretary of State for Communities and Local Government (First Defendant) Northamptonshire County Council (Second Defendant) Augean Plc (Third Defendant)
• R Frack Free Balcombe Residents Association v West Sussex County Council
• R (Sarah Finch) v Surrey County Council
• R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and Others

REFERRED in

• R Marton-CUM-Grafton Parish Council v North Yorkshire County Council Ameycespa Ltd (First Interested Party) City of York Council (Second Interested Party) The Right Honourable Edward William Stephen Baron Mowbray Segrave and Stourton (Third Interested Party)
• Thomas Gordon Brown v Carlisle City Council Stobart Air Ltd (Interested party)
• The Queen (on the application of Jonathan Mark Isherwood Carter) v City and County of Swansea RWE Innogy UK Ltd (Interested Party)

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• Bryan Atkinson v Secretary of State for Transport
• R (Horner) v Lancashire CC
• D B Schenker Rail (UK) Ltd and Another v Leeds City Council
• Nicola Squire v Shropshire Council
• Kent v First Secretary of State and Others
• Abdul Wakil t/a Orya Textiles and Others v London Borough of Hammersmith and Fulham Orion Shepherds Bush Ltd (Interested party)
• The King (on the application of Together Against Sizewell C Ltd) v Secretary of State for Energy Security and Net Zero
• R (Goesa Ltd) v Eastleigh Borough Council
• David Gathercole v Suffolk County Council
• R (on the application of Plan B Earth) v Secretary of State for Transport
• R (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council
• R Neil Richard Spurrier v The Secretary of State for Transport
• R (on the application of Friends of the Earth Ltd and another) v Secretary of State for Transport (Heathrow Airport Ltd, interested party)
• R (Littlewood) v Bassetlaw District Council
• R (on the application of Squire) v Shropshire Council

CITED in

• City & District Council of St Albans and Another v Secretary of State for Communities and Local Government
• The Queen (on the application of Save Britain's Heritage) v The Secretary of State for Communities and Local Government Sefton Metropolitan Borough Council (Interested Party)
• Mooreland and Owenvarragh Residents’ Association’s Application

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• The King (on the application of Suffolk Energy Action Solutions SPV Ltd) v The Secretary of State for Energy Security and Net Zero
• Petition By The John Muir Trust For Judicial Review Of A Decision Of The Scottish Ministers Dated 6th June, 2014 To Grant Consent Under Section 36 Of The Electricity Act 1989 To Scottish & Southern Energy Renewables For The Erection Of 67 Wind Turbines At Stronelairg, Garrogie Estate, Whitebridge, Fort Augustus Together With Deemed Planning Permission Under Section 57(2) Of The Town And Country Planning (scotland) Act 1997
• Mr Gary Sharp and Others v Chelmsford City Council Environment Agency (Interested Party)
• No Adastral New Town Ltd (Claimant/Appellant) v (1) Suffolk Coastal District Council (2) Secretary of State for Communities and Local Government (Interested Party/Respondent)
• R (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council

APPLIED in

• Kildare County Council v an Bord Pleanála
• R (Edwards) v Environment Agency (No. 2)

APPEAL RESOLVED in

• Blewett v Derbyshire Waste Ltd

AFFIRMED in

• Blewett v Derbyshire Waste Ltd

REPORTED OPINION OF in

• [2004] Env LR 29

This document cites

• R v Daventry District Council ex parte Thornby Farms; R v Derbyshire County Council ex parte Murray
• R (Burkett) v Hammersmith and Fulham London Borough Council (No 1)
• R v North Yorkshire County Council, ex parte Brown and Another
• Smith v Secretary of State for the Environment, Transport and Regions and Others
• Berkeley v Secretary of State for the Environment Transport and the Regions and Another



See all quotations

• John Gillespie and First Secretary of State, Bellway Urban Renewal Southern
• Murray v Derbyshire CC
• R v Cornwall County Council, ex parte Hardy
• R v Leicestershire Cc, ex parte Blackfordby and Boothcorpe Action Group Ltd
• R v Bolton Metropolitan Borough Council, ex parte Kirkman
• Employment Act 2002
• Environment Act 1995
• Town and Country Planning Act 1990
• Environmental Protection Act 1990
• Town and Country Planning (General Development Procedure) Order 1995
• Landfill (England and Wales) Regulations 2002
• Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
• Civil Procedure Rules 1998
• Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste
• Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control
• Council Directive 75/442/EEC of 15 July 1975 on waste
• Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)
• Council Directive of 12 December 1991 on hazardous waste (91/689/EEC)