Incinerator authorisation held valid

The High Court has held that an authorisation for an incinerator granted by the Environment Agency under the old integrated pollution control (IPC) regime was legally valid, even though the plant could not be operated before a fresh authorisation under the new pollution prevention and control system (PPC) was granted. The case centred on the interpretation of complex statutory provisions covering the transitional arrangements between the two statutory regimes, but also illustrates significant issues concerning the interaction between planning and specialised regulatory regimes for waste facilities.

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