Plastic Omnium Automotive Limited v The Environment Agency
[2024] UKFTT 148 (GRC)
Harvey & Brockless Limited v The Environment Agency
16 October 2023
[2023] UKFTT 849 (GRC)
First-tier Tribunal
A company appealed fees for missing environmental targets, claiming the pandemic made it unfair. The judge said they couldn't change the fees and that the company should talk to the government instead.
Key Facts
- •Harvey & Brockless Limited appealed two Environment Agency decisions imposing buy-out fees of £12,078 and £7,920 under the Climate Change Agreements (Administration) Regulations 2012 and a related agreement.
- •The appeals concerned the failure to meet climate change targets in period 5, after a pandemic mitigation scheme in period 4.
- •The appellant argued that the pandemic's impact continued into period 5, making the buy-out fees unreasonable.
- •The respondent argued that the appellant failed to specify the legal grounds for the appeal and that there is no discretion to reduce buy-out fees.
Legal Principles
Right of appeal against buy-out fees under the Climate Change Agreements (Administration) Regulations 2012 and the agreement.
Regulation 20(3) and Agreement paragraph 13.1.2
Grounds for appeal include the decision being based on an error of fact, being wrong in law, being unreasonable, or any other reason.
Regulation 21 and Agreement paragraph 13.4
The Tribunal's power to vary a buy-out fee is limited to correcting errors in calculation and does not allow substituting its own view of the appropriate amount.
Environment Agency v Amphenol Invotec Ltd [2022] UKUT 318 (AAC) and Environment Agency v Taylor Engineering and Plastics Ltd [2022] UKUT 317 (AAC)
Outcomes
Appeals dismissed.
The Tribunal found it lacked the power to reduce the buy-out fees, bound by the Upper Tribunal's precedent limiting its ability to substitute its view of appropriate amount for that of the Respondent. The Tribunal noted that any issue regarding the reasonableness of not having a scheme to recognize continuing difficult trading conditions should be addressed with Parliament, not the Tribunal.