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."
Easter egg hunt horror as mother finds dead body under deck of house
Missing Malaysia Airlines Flight MH370: Wreckage could be found within a week as search reaches 'very critical juncture', says minister
Unbeliebable: The White House offer 'no comment' to anti-Justin Bieber petition
Loch Ness Monster found on Apple Maps?
Royal Tour 2014: Is the Duchess of Cambridge the only person ever to climb into a fighter jet wearing a dress and high heels?
The food poverty scandal that shames Britain: Nearly 1m people rely on handouts to eat – and benefit reforms may be to blame
Scottish independence: It is the English who should be on their knees, begging the Scots to vote ‘No’
Nigel Farage fatigue? Half of voters ‘immune’ to Ukip’s appeal
'Sinful': Video of British Muslims dancing to Pharrell Williams's hit Happy comes under attack
Nigel Farage: I’m taking on the status quo, and the Establishment’s fighting back
Refugee facing deportation from Sweden saved by fellow passengers refusing to let plane leave
- 1 Easter egg hunt horror as mother finds dead body under deck of house
- 2 A bottle of wine a day is not bad for you and abstaining is worse than drinking, scientist claims
- 3 Unbeliebable: The White House offer 'no comment' to anti-Justin Bieber petition
- 4 Loch Ness Monster found on Apple Maps?
- 5 How We Met: Alison Moyet & Emma Kennedy: 'I knew we'd be friends because she was happy to make a prat of herself'
£130 - £140 per day: Randstad Education Ilford: Secondary Geography Teacher Lo...
£55 - £70 per day: Randstad Education Cheshire: Are you a dynamic and energeti...
Negotiable: Randstad Education Group: SEN TAs, LSAs and Support Workers needed...
£50000 - £60000 per annum: Pro-Recruitment Group: The Sheffield office of this...