HC Deb 30 March 1994 vol 240 cc851-3W
Mr. Bellingham

To ask the Secretary of State for the Environment how many appeals under section 10 of the Control of Pollution Act 1974 are awaiting determination and what were the dates on which each of those appeals was lodged.

Mr. Atkins

A total of 60 appeals under section 10 of the Control of Pollution Act 1974 are currently before my right hon. Friend for determination. The dates on which the appeals were lodged are as follows:

Appeals at procedural stage (i.e. written representations being made by parties or appeal subject to a hearing)

  • 29 April 1991
  • 4 August 1992
  • 8 March 1993
  • 11 March 1993
  • May 1993
  • 19 May 1993
  • 5 July 1993
  • 14 July 1993
  • 10 September 1993
  • 4 October 1993
  • 10 November 1993
  • 12 November 1993
  • 23 November 1993
  • 7 December 1993
  • 17 December 1993
  • 17 December 1993
  • 21 December 1993
  • 21 December 1993
  • 19 January 1994
    • 852
  • 25 January 1994
  • 3 February 1994
  • 15 February 1994
  • 17 February 1994
  • 22 February 1994
  • 24 February 1994
  • 2 March 1994

Appeals at determination stage (i.e. submission of written representations by parties concluded or hearing held)

  • 6 February 1989
  • 7 February 1990
  • 30 March 1990
  • 22 August 1991
  • 28 October 1991
  • 31 January 1992
  • 14 February 1992
  • 31 March 1992
  • 7 May 1992
  • 15 July 1992
  • 30 July 1992
  • 15 September 1992
  • 16 September 1992
  • 9 October 1992
  • 12 February 1992
  • 22 March 1993
  • 28 May 1993
  • 15 June 1993

Appeals in abeyance (e.g. negotiations taking place between parties or awaiting resolution of planning issues)

  • 9 December 1987
  • 1 August 1988
  • 26 April 1991
  • 9 July 1992
  • 26 August 1992
  • 23 November 1992
  • 5 January 1993
  • 24 February 1993
  • 9 March 1993
  • 16 April 1993
  • 26 April 1993
  • 26 July 1993
  • 10 August 1993
  • 22 September 1993
  • 20 October 1993
  • 18 November 1993

Mr. Bellingham

To ask the Secretary of State for the Environment (1) what effect he expects the additional grounds for appeal and the need to establish precedents to have on the incidence of waste licensing appeals following the introduction of the new waste management licensing system on 1 May;

(2) what assessment he has made of the time taken to deal with appeals under section 10 of the Control of Pollution Act 1974;

(3) how many staff are employed in his Department on appeals made under section 10 of the Control of Pollution Act 1974; and what proportion of their time was spent thereon in the periods (a) 1 March 1993 to 31 August 1993 and (b) 1 September 1993 to 28 February 1994;

(4) what steps he is taking to expedite determination of (a) current appeals made under section 10 of the Control of Pollution Act 1974 and (b) future appeals made under section 43 of the Environmental Protection Act 1990 from 1 May.

Mr. Atkins

The administration or determination of appeals forms part of the duties of four members of staff within the Department's waste management division. Members of staff in the Department's planning inspectorate—PINS—are also employed on appeals where they take the form of a hearing. The proportion of staff time spent on the administration or determination of appeals, and the administration and conduct of hearings, depends on a number of factors and varies from day to day. The time taken to determine appeals also depends on factors such as the time taken by the parties to provide written representations or their availability to attend a hearing. It is the Department's aim to deal with all appeals expeditiously and wherever possible to improve on the time taken to determine them.

Responsibility for the administration of appeals which are to be determined on the basis of written representations will be transferred from waste management division to PINS on 1 May 1994 when the new waste management licensing system under part II of the Environmental Protection Act 1990 comes into force. PINS' duties will include responsibility for appeals made under section 43 of the 1990 Act and, where appropriate, appeals under section 10 of the Control of Pollution Act 1974.

Section 43 of the 1990 Act will widen the grounds on which an appeal may be made against a waste regulation authority's decision. However, sections 35(8) and 74(5) require authorities to have regard to any guidance issued to them with respect to the discharge of their functions. The guidance which we intend to issue under sections 35(8) and 74(5) should ensure that proportionately fewer appeals need to be made under section 43 of the 1990 Act than has historically been the case under section 10 of the 1974 Act.

Mr. Bellingham

To ask the Secretary of State for the Environment how many appeals under section 10 of the Control of Pollution Act 1974 have been determined in the periods(a) 1 March to 31 August 1993 and (b) 1 September 1993 to 28 February 1994.

Mr. Atkins

Eight appeals under section 10 of the Control of Pollution Act 1974 were determined in the period 1 March to 31 August 1993; and two appeals were determined in the period 1 September 1993 to 28 February 1994.