Local authority powers to deal with "Part B" processes

A High Court judgement concerning an animal by-product rendering process has raised important questions about local authorities' enforcement powers against businesses which appear to flout the air pollution control provisions in Part I of the Environmental Protection Act 1990. In Tameside Metropolitan Borough Council v Smith Brothers (Hyde) Ltd (Queens Bench Division, 4 October 1995), the court examined the powers of a local authority to seek an interlocutory injunction against a company failing to comply with authorisation conditions and, set against a complex background of legal actions, concluded that it had failed to apply the correct legal tests.

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