CASEBOOK: Court cases - Landfill decision quashed as seriously flawed

A Derbyshire resident has succeeded in a legal challenge to the county council's decision to extend landfill operations near his home following the High Court's conclusion that the permission was seriously flawed.

The resident, who lived 200m from the landfill site, claimed that the council had failed to properly take into account the impact of the development on his health and his ability to enjoy his garden and his home. He claimed that the existing tip attracted rats and seagulls and this would be exacerbated by the council's decision to extend tipping operations until 2013.

Mr Justice Sullivan agreed that the council had failed to assess whether the development represented the best practicable environmental option and as a consequence its decision could not be allowed to stand.

Blewett v Derbyshire County Council and Another; Date: 7 November 2003; Ref: CO/1902/2002.

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