Developer ‘knowingly permits’ contractor’s environmental offence

By Sophie Wilkinson

The Court of Appeal has decided that a developer can commit the offence of ‘knowingly permitting’ the deposit of waste by its contractor, despite having no knowledge that the deposit was in breach of an environmental permit.

The decision was reached in the case of Walker and Son (Hauliers) Ltd v Environment Agency in which Walker and Son (Hauliers) instructed its contractor to demolish buildings on its site. The contractor then used the site as an illegal waste transfer site and to burn waste.

Walker and Son (Hauliers) had no knowledge that the activities were in breach of an environmental permit…

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