Disputes between the pollution-control and land-use-planning authorities concerning air pollution from unpopular developments such as incinerators offer an unusual perspective on central—local government relations. Central government policy guidance, intended to clarify the boundary between planning and pollution controls over air pollution, was a central issue at the Shell Green inquiry after the local planning authority's refusal of planning consent for a wastewater sludge-processing centre. The success of the developer's appeal is discussed within the context of an emerging centralisation of decisionmaking over very unpopular land uses such as incinerators.
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References
1.
Cabinet Office, 1985Lifting the Burden Cmnd 9571 (The Stationery Office, London)
2.
CCC, 1992Cheshire County Replacement Structure PlanCounty Planning Department, Cheshire County Council, County Hall, Castle Drive, Chester CH1 1SG
3.
CCC1994, “Environmental Planning and Operations Sub-Committee report (12/10/94)”, County Planning Department, Cheshire County Council, County Hall, Castle Drive, Chester CH1 1SG
4.
CullingworthJ BNadinV, 1994Town and Country Planning in Britain11th edition (Routledge, London)
5.
DavoudiSHullAHealeyP, 1996, “Environmental concerns and economic imperatives in strategic plan making”Town Planning Review67421–436
6.
DoE, 1972, “Planning and clean air”, draft circular, Department of the Environment, Eland House, Bressenden Place, London SW1E 5DU
7.
DoE, 1980Development Control—Policy and Practice Circular 1980/22, Department of the Environment (The Stationery Office, London)
8.
DoE, 1985Development and Employment Circular 1985/4, Department of the Environment (The Stationery Office, London)
9.
DoE, 1988Town and Country Planning (Assessment of Environmental Effects) Regulations Circular 1988/15 Department of the Environment (The Stationary Office, London)
10.
DoE, 1990This Common Inheritance: Britain's Environmental Strategy Cm 1200, Department of the Environment (The Stationery Office, London)
11.
DoE, 1992aDevelopment Plans and Regional Planning Guidance, Planning Policy Guidance Note 12, Department of the Environment (The Stationery Office, London)
12.
DoE, 1992bPlanning, Pollution and Waste Management, Department of the Environment (The Stationery Office, London)
13.
DoE, 1994aSustainable Development: The UK Strategy, Cm 2426, Department of the Environment (The Stationery Office, London)
14.
DoE, 1994bPlanning and Pollution Control, Planning Policy Guidance Note 23, Department of the Environment (The Stationery Office, London)
15.
DoE, 1995General Development Order Consolidation 1995 Circular 1995/9, Department of the Environment (The Stationery Office, London)
16.
DoE, 1996aAir Quality and Land Use Planning draft circular, Department of the Environment, Eland House, Bressenden Place, London SW1E 5DU
17.
DoE, 1996bRevision of Planning Guidance Note 23 “Planning and Pollution Control” on Waste Issues consultation draft document, Department of the Environment, Eland House, Bressenden Place, London SW1E 5DU
18.
ENDS Report1992, “Incinerator verdicts for Cory, against Northumbrian Water”, number 214, pp 9–10
19.
ENDS Report1995, “HMIP blocks major gas project in BATNEEC test case”, number 245, pp 13–15
20.
Environment Act, 1995Public General Acts—Elizabeth II chapter 25 (The Stationery Office, London)
21.
Environmental Protection Act, 1990Public General Acts—Elizabeth II chapter 43 (The Stationery Office, London)
22.
HealeyP, 1990, “Policy processes in planning”Policy and Politics1891–103
23.
JPEL1982, “J A Pye (Oxford) Estates Ltd v West Oxfordshire DC”Journal of Planning and Environmental Law page 577
24.
JPEL1995, “Gateshead Metropolitan BC v Secretary of State for the Environment”Journal of Planning and Environmental Law pages 432–440
25.
MillerC E, 1994, “Planning, pollution and risk”Town Planning Review65127–142
26.
MillerC EWoodC M, 1983Planning and Pollution (Clarendon Press, Oxford)
27.
Planning (Hazardous Substances) Act, 1990Public General Acts—Elizabeth II chapter 10 (The Stationery Office, London)
28.
Royal Commission on Environmental Pollution, 1976Fifth Report: Air Pollution Control: An Integrated Approach Cmnd 6371 (The Stationery Office, London)
29.
Royal Commission on Environmental Pollution, 1994Seventeenth Report: Incineration of Waste Cm 2181 (The Stationery Office, London)
30.
ScottP J, 1995, “The operation of planning controls over pollution in practice: an investigation using case studies in North West England”, MSc dissertation, School of Biological Sciences, University of Manchester, Manchester
31.
ScottPWoodC, 1995, “PPG 23—must planners turn a blind eye to pollution issues?”Branchline Newsletter of the North West England and North Wales Branch of the Royal Town Planning Institute, Cheshire County Council, County Hall, Castle Drive, Chester CH1 1SG, Autumn, pp 6–7
32.
Secretary of State for the Environment, 1992Decision Letter and Inspector's Report: Appeal by International Technology Europe Ltd Land at Howdon, North Tyneside APP/K9530/A/89/145489, Government Office for the North East, Wellbor House, Gallowgate, Newcastle upon Tyne NE1 4TB
33.
Secretary of State for the Environment, 1996Decision Letter and Inspector's Report: Appeal by North West Water. Land at Shell Green APP/NO600/A/94/241589, Government Office for the North West, Infrastructure and Planning Department, Sunley Tower, Piccadilly Plaza, Manchester Ml 4BE
34.
Town and Country Planning Act, 1990Public General Acts—Elizabeth II chapter 8 (The Stationery Office, London)
35.
WadeE C SBradleyA W, 1985Constitutional and Administrative Law10th edition (Longman, Harlow, Essex)
36.
Water Act, 1973Public General Acts—Elizabeth II chapter 37 (The Stationery Office, London)
37.
Water Industry Act, 1991Public General Acts—Elizabeth II chapter 56 (The Stationery Office, London)
38.
WoodC, 1986, “Local planning authority controls over pollution”Policy and Politics14107–123
