R v Carrick District Council, ex parte Shelley and Another
| Jurisdiction | England & Wales |
| Judgment Date | 03 April 1996 |
| Date | 03 April 1996 |
| Court | Queen's Bench Division |
Queen's Bench Division
Before Mr Justice Carnwath
Environmental protection - pollution - council has statutory duty to act
A local authority failed in its statutory duty when it resolved not to take any action in regard to complaints of pollution of the local beaches but merely to monitor the situation.
Mr Justice Carnwath so held in the Queen's Bench Division when granting an application by Rachel Shelley and Sara Caroline Delaney for judicial review of a resolution dated June 20, 1995 of the environmental and community services committee of Carrick District Council declining to serve an abatement notice under section 80 of the Environmental Protection Act 1990 in respect of the beach at Porthtowan, North Cornwall.
Mr David Pannick, QC and Mr Michael Fordham for the applicants; Mr Rhodri Price-Lewis for the council; Mr David Lloyd Jones for South West Water Authority.
MR JUSTICE CARNWATH said that Porthtowan had been popular because of its attractive bay and sandy beach, good for surfing. There had for some years been complaints of sewage related debris finding its way to the beach.
There were two outfalls in the vicinity, both owned by South West Water Authority, the closest being Portreath serving Redruth, and North Cliffs serving Camborne. North Cliffs was unscreened. Portreath was screened in 1991.
A two-year survey of beaches in 1990-91 by the National Rivers Authority placed Porthtowan in the worst of four categories depending on the degree of contamination by sewage related debris. There had been no comparable survey since 1991 to assess the effect of the screening. During 1995 an average of one kilogram per day wet weight of sewage related material was collected, including sanitary towels and condoms which users of the beach found offensive.
There was pressure on the council, led by a body called Surfers against Sewage, for action including action by the district council under the 1990 Act.
The senior principal environmental health officer assembled...
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