No EIA needed for waste plant: R (on the application of Horner) v Lancashire County Council and another
Judgement has recently been delivered in the case of R (on the application of Horner) v Lancashire County Council and another, which came before the Administrative Court in England back in July of this year.The case involved consideration of the Town and Country Planning legislation following an application made for development consent for a waste disposal installation which was to store and feed the waste before it was burnt elsewhere for the manufacture of cement.
Application was made by the cement manufacturer, for the erection of machinery to handle Animal Waste Derived Fuel (AWDF) that was to be used as substitute fuel in the manufacture of cement at its works.
No Environmental Impact Assessment (EIA) was undertaken and no Environmental Statement was sought by the planning authority or produced by the cement manufacturer.
However, following an application made for judicial review, the Court held that the local planning authority had been entitled to not require an Environmental Impact Assessment (EIA) for the proposed development and therefore rejected the application.