Residents Against Waste Site Ltd v Lancashire County Council & Anor, Court of Appeal - Administrative Court, November 07, 2007, [2007] EWHC 2558 (Admin)

Reporting Judge: [2007] EWHC 2558 (Admin)

President: Residents Against Waste Site Ltd v Lancashire County Council & Anor

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Extract

Residents Against Waste Site Ltd v Lancashire County Council & Anor, Court of Appeal - Administrative Court, November 07, 2007, [2007] EWHC 2558 (Admin)

Neutral Citation Number: [2007] EWHC 2558 (Admin)

Case No: CO/1320/2007

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 07/11/2007

Before :

THE HON MR JUSTICE IRWIN

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Between :

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(Transcript of the Handed Down Judgment of

WordWave International Limited

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David Wolfe (instructed by Public Interest Lawyers Birmingham) for the Claimants

David Elvin QC and Charles Banner (instructed by Lancashire County Council) for the Defendant

Hearing dates: 20 -21 September 2007

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Judgement

Mr Justice Irwin :

Factual Background and Chronology

1. The Defendant Lancashire County Council [LCC] is both the Waste Disposal Authority and the Waste Planning Authority for Lancashire. The Interested Party, Global Renewables Ltd [Global] is the main contractor for building work on the relevant site. The Claimant, Residents Against Waste Site Limited [RAWS] is a limited company formed to represent the interests of local objectors to the development in question. The circumstances of the formation of the company are relevant and I address them later in these reasons. RAWS seeks judicial review of the grant of planning permission for a waste technology plant on the site of the old Leyland Vehicles Test Track at Farrington Moss, Leyland in Lancashire.

2. The site in question is 14.6 hectares in area. Previous planning permission was granted for a smaller waste disposal facility on the site. This plan would not have occupied the whole site and was not proceeded with, but forms a backdrop to this application. There has thus for a long period been the prospect of such a development on this site, in one form or another.

3. On 17 July 2006, LCC as Wast...

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