Success challenging waste material storage facility

Dr Liz Parfitt instructed us to challenge Somerset Council’s consent for development of a waste material storage facility in Westonzoyland and the Council agreed to terms of settlement on two grounds.

The application site for the inert waste facility was immediately adjacent to the environmentally sensitive Langmead and Weston Level Site of Special Scientific Interest (“SSSI”).

The Council’s decision provided inadequate reasons concluding that the proposed development was not within the scope of EIA development for the purpose of The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (“EIA”). The Council agreed it failed to assess cumulative impact with existing/approved projects including an existing waste processing site nearby and there was clearly a need to consider possible significant environmental effects given the proximity to the SSSI.

Separately the council failed to publish a screening opinion in a timely manner in breach of EIA. This matters as it is the only effective way the public have to comment on the Council’s screening decision and potentially request a screening direction from the Secretary of State where EIA requires effective public participation in environmental decision-making.

The terms of settlement required the Council to pay our client’s costs. Dr Liz Parfitt was supported by the Environmental Law Foundation and represented by Michael Feeney of Francis Taylor Buildings, together with this firm.