Court of Appeal considers what constitutes ‘recovery’ of waste (Neal Soil Suppliers Ltd v Natural Resources Wales (No 2))

Table of contents

• What are the practical implications of the decision?
• What was the background?
• What did the Court of Appeal decide?

Article summary

Environment analysis: Stephen Hockman QC and David Hercock, of Six Pump Court Chambers, examine a Court of Appeal decision that the first appellant, which held an environmental permit for treatment of waste soil and aggregate, could only be prosecuted for alleged breach of an enforcement notice requiring it to remove waste material that had, contrary to the permit, been stored on site for more than three years ‘prior to recovery’, if the prosecutor could prove that the three years preceded the commencement, rather than completion, of the recovery operations.