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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast is aimed at those interested in the current waste regime in the UK and those making planning permission applications for Energy Recovery Facilities who might wish to gain an understanding of the policy context and legal framework. It will explore the issue of whether a facility is a county matter or not and consider what it is that waste facilities have to provide. It will address the themes in relation to making and determining planning applications for waste facilities. This will include a consideration of grounds of objection and analysis of determinations and relevant decisions and judgments. Importantly the podcast will also touch on the impact the Localism Bill will have on planning permission for energy recovery facilities.

After completing the course you will:
  • Know what waste management facilities have to provide Be aware of the themes shaping the current waste regime in the UK;
  • Know whether waste management is a county matter;
  • Know how EFW is viewed by the policy makers;
  • Be familiar with the common grounds of objection;
  • Understand the cause of much of the opposition to waste facilities;
  • Know what factors will influence the outcome of applications;
  • Be aware of some of the relevant decisions and judgments on the perception of fear or of health risks;
  • Understand the relevance of public perception to planning considerations for waste applications;
  • Understand how waste facilities will be affected by the introduction of the Localism Bill;
  • Know what abolition of Regional Strategies will mean for waste management facilities.
Specialist Difficulty: 5 of 5
Legal Principles
Legislative Updates
Practical Guide
Sources and References:
  • ARCO Chemie Nederland v Minister Volkshuisvesting [2002] QB 646;
  • Darrington Wind Farm (APP/X4725/A/09/2101120);
  • Draft Waste (England and Wales) Regulations 2011;
  • Electricity Act 1989;
  • Fullabrook Down Wind Farm (BERR reference GDBC/003/00024C);
  • Inter-Environment Wallonie ABSL v Region Wallonne [1997] ECR 1-7411;
  • Local Democracy, Economic Development and Construction Act 2009;
  • Planning Act 2008;
  • Sober Hill (APP/E2001/A/09/2101421);
  • The Localism Bill;
  • Town and Country Planning (Prescription of County Matters) (England) Regulations 2003;
  • Town and Country Planning Act 1990;
  • Waste Framework Directive 2006/12/EC;
  • Waste Framework Directive 2008/98/EC;
  • Waste Management Licensing Regulations 1994;
  • Waste Strategy for England 2007;
  • Yelvertoft Wind Farm (APP/Y2810/A/10/2120332) Inspector’s report (20th July 2010).

In this podcast, Stephen Morgan a barrister at Landmark chambers discusses the important issue of waste and the issues that arise in planning permission applications for Energy Recovery Facilities. He will give guidance to ensure that those making such applications understand the policy context, are equipped to deal with public consultation, and aware of what Localism Bill will mean for this area.

Podcast added: 25/11/11

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