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Composting Case to go the Court of Appeal

Ned Westaway
Charles Streeten

The Court of Appeal has granted permission to appeal against the decision of HHJ Keyser QC in the case of R (Becker) v Hertforshire CC [2018] EWHC 1974 (Admin).  The claim relates to green waste operations in the Metropolitan Green Belt.  The High Court quashed permission to operate a maturation site on the basis of an error (admitted by the Defendant and Interested Party) in the application of policy.  However, the High Court dismissed other grounds of challenge to a separate decision to vary the terms on which the wider composting operation is managed, including (i) varying the condition relating to vehicle movements, (ii) varying the condition relating to site operations and (iii) altering the description of the land on which the compost could be used (on the Claimant’s argument, materially extending the scope of the permission).

The appeal will likely be heard in June or July.

Ned Westaway, instructed by Richard Buxton Environmental and Public law, acts for the claimant/appellant; Charles Streeten, instructed by Woodfines LLP, acts for the interested party/second respondent.