Waste licensing, BATNEEC and European law

The precise status of the general objectives laid down in EU legislation on waste has been raised in a number of recent cases. The Court of Appeal has now attempted to clarify the approach to be taken by planning and other authorities, and appears to have accepted that these objectives fall somewhere between binding goals and material considerations. The decision also contains important observations as to how local authorities should justify decisions concerning authorisations under the local air pollution control regime, and stresses that they cannot simply rely upon Government guidance.

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