Government wins Cornwall incinerator ruling
Thursday 29 March 2012
The Government won a Court of Appeal challenge today against a ruling which quashed its decision to grant planning permission for a £117 million waste incinerator project in Cornwall.
At the High Court in London last October, Mr Justice Collins quashed Communities Secretary Eric Pickles's decision to grant permission for the project at St Dennis.
He ruled there was a failure to properly consider whether the EU Habitats Directive required special assessment before permission was granted.
But today three judges at the Court of Appeal allowed the Government's appeal.
Lord Justice Carnwath, sitting with Lady Justice Arden and Lord Justice Moore-Bick, announced the unanimous decision of the court, saying: "I would allow the appeal and confirm the validity of the Secretary of State's decision."
The earlier High Court ruling had been a victory for Cornwall Waste Forum's St Dennis branch, which says the proposed incinerator is too big, poorly located and could pose a risk to health.
The ruling was also successfully challenged by contractor SITA Cornwall Ltd.
In March 2008, SITA applied to Cornwall County Council for planning permission which was refused in March the following year.
SITA appealed and a public inquiry was held over 36 days.
In May last year, the Secretary of State issued his decision granting permission.
The company says the incinerator will generate enough electricity to supply 21,000 homes by burning 240,000 tons of non-recyclable household waste a year.
Lawyers for SITA have said that if the project was halted, or delayed, the total cost to council taxpayers from landfill tax and other costs would rise to well in excess of £200 million.
At the High Court hearing, barrister David Wolfe, appearing for the forum, said the incinerator site was next to two European Union "special areas of conservation" at Breney Common and Goss and Tregoss Moors.
Cornwall Council welcomed today's decision.
In a statement, it said: "While we recognise that those who have campaigned against the Secretary of State's decision to grant planning permission for the Cornwall Energy Recovery Centre will be unhappy at this judgment, it will enable the council to take action to tackle the waste crisis facing Cornwall.
"As a result of this judgment, which reinstates the planning permission originally granted by the Secretary of State, the council will now be working with SITA to finalise the revised project plan.
"A report setting out the next stages of the process will be submitted to the council's cabinet."
- 1 To help fuel their propaganda machine against the poor, our government has now decided to redefine the word 'welfare'
- 2 Tower Bridge glass walkway 'smashed' by night-time visitor dropping bottle of beer
- 3 Anti-gay hate preacher accidentally tweets 4,000 followers cartoon clip of him 'confessing' to be a 'homosexual sodomite'
- 4 Woman opens professional cuddling shop – gets 10,000 customers in first week
- 5 Grayson Perry: London needs affordable housing because 'rich people don't create culture'
Anti-gay hate preacher accidentally tweets 4,000 followers cartoon clip of him 'confessing' to be a 'homosexual sodomite'
Woman opens professional cuddling shop – gets 10,000 customers in first week
Grayson Perry: London needs affordable housing because 'rich people don't create culture'
Kenya bus attack: Al-Shabaab militants slaughter 28 non-Muslims who failed to recite Koran
That Sugar Film director Damon Gameua receives shocking diagnosis after going on healthy sugar diet for just 60 days
Rochester by-election: Ukip gains second MP as Tory defector Mark Reckless holds seat
'Beast of Bolsover' Dennis Skinner takes Ukip MP Mark Reckless to task moments after he is sworn in
Rochester by-election: Labour MP Emily Thornberry resigns after posting white van and England flags tweet
France 'blocks' Russian sailors from boarding a warship
Revealed: How the world gets rich – from privatising British public services
Rochester aftermath: Sacking of Emily Thornberry will make work of Labour MPs '10 times harder'
Voluntary Only - Expenses Reimbursed: Reach Volunteering: A trustee (company d...
£45000 - £65000 per annum: Recruitment Genius: This is a fantastic opportunity...
Negotiable: Recruitment Genius: This is an opportunity to join a successful an...
£25000 - £30000 per annum: Recruitment Genius: A Digital Sales Account Manager...