Planning application for waste disposal

New landfill sites or extensions to existing sites generally require planning permission as well as a waste management licence under Part II of the Environment Protection Act 1990. The relationship between the functions of planning authorities and the Environment Agency when making their respective decisions has long been a problematic area of law. The High Court has now clarified the role of planning authorities in the light of contemporary law and policy guidance, and the result will give some comfort to local authorities that, despite changes to the legal framework, they still retain considerable discretion in how to handle applications.

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