Environmental Protection Act 1990 - Part I - Local Air Pollution (LAPC)/Intergrated Pollution Control (IPC) Appeals
Appendix 1
Secretary of State Cases Recovery Criteria
1. These are cases of major significance which the Secretary of State
may recover for determination. In these cases, the Inspector will carry out a site visit, hearing or
inquiry in the usual way, but then prepare a report. The report will describe the site in question,
summarise the case for both the appellant and the authority, outline the Inspector’s conclusions and
make a recommendation about the decision which will be made by the Secretary of State.
2. Each case will be looked at on an individual basis and it is not possible to anticipate every kind of
appeal which might fall into this category, but they may include for example:
- Cases involving processes or sites of major importance
- Cases giving rise to significant public controversy
- Cases which raise significant legal difficulties
- Cases which can only be decided in conjunction with other cases over which Inspectors have no jurisdiction
- Cases which raise major or novel issues of industrial pollution control which could set a policy precedent, for example cases involving the use of new techniques
- Other cases which, exceptionally, merit recovery because of the particular circumstances