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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

09 OCT 2012

R (on the application of European Metal Recycling Ltd) v Environment Agency [2012] EWHC 2361 (Admin) (2012) PLLR 125

Environmental permit - suspension - noise pollution - serious risk - Environmental Permitting (England and Wales) Regulations 2010 - notice specifying steps to be taken - whether steps or objectives to be laid down

A notice suspending an environmental permit due to a serious risk of noise pollution could be quashed for failing to specify the steps to be taken to eliminate the risk.

31 August 2012

Administrative Court

Judge Pelling QC

(1)        The claimant (EMR) operated a metal waste disposal and reclamation plant under an Environmental Permit issued under the Environmental Permitting (England & Wales) Regulations 2010 (the Regulations). As a result of complaints from local residents of excessive noise, the defendant (EA) first modified the conditions of the permit and subsequently served an Enforcement Notice of Suspension and Requirement to Take Steps under regulation 37 of the Regulations, on the grounds that there was a serious risk of noise pollution.

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