Wednesday, January 02, 2019
Success for FTSE 100 company in s20 Environmental notice appeal
Quentin was instructed on behalf of a multi-national UK Publically Listed Company to appeal a notice served upon them under s20 of the Environmental Protection Act 1990.
The PLC faced a notice served upon them by Hillingdon Borough Council under s20 of the Environment Protection Act 1990; this related to the illegal dumping of waste upon land belonging to the PLC. Although there was no dispute that the waste had been dumped upon the land belonging to the PLC there was a detailed history in respect of the origin of the waste. The waste did not emanate from the PLC, rather it came from members of the travelling community who were tenants on a site bordering the PLC’s land. Lawyers on behalf of the PLC had been in extensive negotiations with the Landlord of the site where the waste was coming from in order to stop this dumping however the dumping continued. Hillingdon Borough Council sought to issue a notice under s20 compelling the PLC to remedy the situation, the problem being that the ongoing issue in respect of the dumping of the waste had not been resolved. The landlord of the site where the waste was emanating from was none other than Hillingdon Borough Council themselves.
On this basis, Quentin was instructed to appeal the imposition of the s20 notice on behalf of the PLC on the basis that the notice should be materially amended.
The appeal was laid at the Uxbridge Magistrates Court a detailed skeleton argument drafted drafted by Quentin was submitted on behalf of the PLC. Hillingdon Borough Council entered into discussions with the PLC during the appeal process and following a period of extensive negotiations the matter was settled by way of an agreed material amendment to the notice to the satisfaction of the PLC with no adverse order as to costs made.
Should you receive a notice under s20 of the Environmental Protection Act you may wish to avail yourself of specialist legal advice. Quentin is well experience in Environmental Law and is one of few Barristers appointed to the ‘A’ List of Attorney General’s approved regulatory and Environmental Barristers. You may contact Quentin for a no obligation conversation about your case.