Application by Friends of the Earth for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Weatherup J |
| Judgment Date | 2006 |
| Neutral Citation | [2006] NIQB 48 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 28 June 2006 |
1
Neutral Citation No. [2006] NIQB 48 Ref:
WEAC5586
Judgment: approved by the Court for handing down Delivered:
28/06/2006
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
APPLICATION BY FRIENDS OF THE EARTH FOR JUDICIAL REVIEW
________
WEATHERUP J
The application.
[1] The applicant is an environmental pressure group and operates in
Northern Ireland as Friends of the Earth Northern Ireland. The respondent is
the Department for Regional Development (Water Service) which has powers
and duties in relation to water and sewerage services in Northern Ireland.
The Environmental and Heritage Service (EHS), an agency of the Department
of the Environment, is the environmental regulator.
[2] This is an application for Judicial Review of the decision of the Water
Service in relation to the grant of consents or the making of agreements under
Articles 17, 24 or 32 of the Water and Sewerage Services (Northern Ireland)
Order 1973 for connections to the sewerage system, where the related waste
water treatment is not compliant with the requirements of the Urban Waste
Water Treatment Regulations (Northern Ireland) 1995. There are two broad
grounds of challenge, being first the contention that under European and
domestic law the Water Service has a legal obligation to refuse new
connections in those areas where the sewerage system is not compliant with
legal requirements, and secondly the contention that the Water Service, in
deciding whether to grant consents or enter agreements for connections to the
sewerage system, has failed to take into account a relevant consideration,
namely whether the related waste water treatment is compliant with legal
requirements. Mr Larkin QC and Mr Scoffield appeared for the applicant and
Mr McCloskey QC, Professor Wyatt QC and Mr Maguire appeared for the
respondent.
[3] The applicant believes that the sewerage system in Northern Ireland
falls very significantly below the standards required by European and
2
domestic law, primarily because of the inadequate standards at many waste
water treatment works. The applicant describes the result as being significant
and harmful environment pollution and a risk to public health. Because of
these concerns the applicant wrote to the Water Service on 18 May 2005
seeking an assurance that the Department, through the Water Service, would
not in future grant any consents or agreements for new connections to the
sewage system, where such connections and the resulting discharges would
either individually or cumulatively exacerbate non-compliance with the
relevant European Directive or Northern Ireland Regulations or worsen the
environmental harm which the European Directive sought to avoid. The
applicant recognised that there were intermediate measures that could be
undertaken by developers or property owners which would permit the grant
of consents or the making of agreements in affected areas without adverse
environmental effect. By a reply dated 13 June 2005 the Water Service
accepted that in some areas waste water treatment did not meet the
requirements of the Northern Ireland Regulations, but disagreed with the
assertion of the applicants that new connections to the sewage system would
be incompatible with European or domestic law and refused to give any
assurance in relation to consents or agreements for new connections to the
sewage system.
New connections to the sewerage system.
[4] The Water and Sewage Services (Northern Ireland) Order 1973, Article
3, states the duty to provide water and sewage services -
"(1) Subject to this order the (Department) shall –
(a) Supply and distribute water;
(b) Provide and maintain sewers for
draining domestic sewage, surface water and
trade effluent;
(c) Make provision for effectually dealing
with the contents of the sewers."
[5] In relation to applications for consent or agreements in lieu of
applications for consent Article 17 of the 1973 Order provides:
"(1) Where the provision of the water or sewage
service from the Department is required in respect of
any premises, the owner or occupier may apply to the
Department –
(a) for a supply of water from the
Department;
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