R (Langton and Allen) v DEFRA and Derbyshire County Council [2001] EWHC Admin 1047 – Directive 90/667/EEC - ABPO – EPA – HRA - Article 6 ECHR - A1P1.
- animal by-products.
1) Directive 90/667/EEC adopted the precautionary approach of avoiding risk.
- responsible authorities not required to establish actual serious risk to health, but reasonable basis for suspecting animal by-product presents such risk.
2) article 6 ECHR and A1P1 not apply to decisions made before HRA came into force.
- judicial review, on facts, adequate to satisfy the requirements of article 6(1) ECHR.
3) no breach of A1P1 where state entitled to control use of private property in public interest in matters of animal and human health.
- public interest could require speedy action.
- council justified in taking account of individual’s disregard for Notice, requiring safety action to be taken, when making subsequent decisions.
undefined: unpaid