Incinerator case blurs division of planning and pollution controls

The Court of Appeal has considered Mr Justice Carnwath's recent decision in the Bolton incinerator case and suggested that the division between planning and pollution controls is no longer as clear in respect of waste management facilities as he had ruled. Although the Court upheld the planning permission for the incinerator, its judgment implies that planning authorities must be wary of simply relying on the expertise and opinion of the Environment Agency as the pollution regulator.

Sign in to continue

Sign in

Trouble signing in?

Reset password: Click here


Call: 020 8267 8120

Register for
Free Trial

  • 14 day access to subscriber-only content



Prices on request

  • Full access to for 12 months
  • Monthly print issues
  • Clear and accessible guidance on relevant legislation
  • Integration with ENDS Compliance Manager helping you plan ahead and ensure compliance for your organisation
  • Individual or bespoke multi-user packages available

See all benefits