WRITTEN QUESTION No. 1070/96 by Richard HOWITT to the Commission. Extension of planning permission for landfill waste tipping at Aveley.
Date: 1996-05-13
Institutions: European Parliament, HOWITT
Subjects: South East (England), application of EU law, environmental impact, impact study, public health, waste disposal, waste management













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91996E1070

WRITTEN QUESTION No. 1070/96 by Richard HOWITT to the Commission. Extension of planning permission for landfill waste tipping at Aveley.  


Official Journal C 322 , 28/10/1996 P. 0029 





WRITTEN QUESTION E-1070/96 by Richard Howitt (PSE) to the Commission (13 May 1996)Subject: Extension of planning permission for landfill waste tipping at Aveley.Given that British Secretary of State John Gummer ruled in 1992 that the accumulated environmental impact of further tipping at Aveley, Essex was unacceptable, and has now agreed such an extension under the British planning system without a public inquiry, which European directives could the Commission identify which local residents might use to challenge the decision - both on the basis of lack of public consultation and unacceptable environmental impact?Joint answer to Written Questions E-1068/96, E-1069/96 and E-1070/96 given by Mrs Bjerregaard on behalf of the Commission (4 July 1996)1. Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment ((OJ L 175, 5.7.1985. )) requires an environmental impact assessment to be carried out before development consent is granted for certain types of projects. Landfills for toxic and dangerous waste are listed in Annex I of Directive 85/337/EEC. This means that an assessment is always required before development consent is given for such landfills. Landfills for other types of waste are listed in Annex II. This means that an assessment is required if the Member State considers that the landfill is likely to have a significant environmental effect.Where an assessment is required under Directive 85/337/EEC the public concerned and relevant environmental authorities must be consulted. It is for Member States to determine the manner in which the public is to be consulted, whether by written submissions or by public inquiry. The final development consent decision is a matter for the decision-taking authority. In reaching that decision, however, it must take account of the results of the assessment.2. As the common position (EC) No 4/96 adopted by the Council with a view to adopting a Council directive on the landfill of waste ((OJ C 59, 28.2.1996. )) was rejected by the Parliament on 22 May 1996, no specific directive currently exists.However, Article 4 of Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC ((OJ L 78, 26.3.1991. )), says that 'Member States shall take the necessary measures to ensure that waste is recovered or disposed of without endangering human health and without using processes or methods which could harm the environment, and in particular:- without risk to water, air, soil and plants and animals,- without causing a nuisance through noise or odours,- without adversely affecting the countryside or places of special interest.Member States shall also take the necessary measures to prohibit the abandonment, dumping or uncontrolled disposal of waste.'