High Court revives Derby gasification project
6 July 2011
A High Court judge has overturned the Planning Inspectorate’s dismissal of Shanks and Interserve’s appeal against the rejection of proposals to build a gasification facility in Derby, potentially paving the way for a second public inquiry into the plans.
In a judgement published yesterday (July 5), Mrs Justice Nicola Davies “quashed” the Inspectorate’s November 2010 decision to reject an appeal the two companies had made against the city council’s May 2009 refusal of a planning application for the project (see letsrecycle.com story).
-
- An artist's impression of the gasification facility proposed by the Resource Recovery Solutions consortium
Her decision, which follows a two day hearing in Birmingham in May 2011, means that the Secretary of State for Communities and Local Government will again be given responsibility for deciding on the application, which the two companies are developing together as the Resource Recovery Solutions consortium.
While the decision on how to proceed with the appeal will be down to the Secretary of State, it is thought likely that this will involve another public inquiry chaired by the Planning Inspectorate.
If built, the Sinfin Lane facility would treat up to 140,000 tonnes-a-year of residual waste under a 27-year contract jointly awarded by Derby city council and Derbyshire county council in December 2008, which formally began on April 1 2010. The technology for the site is set to be provided by Manchester-based gasification specialists Energos.
Outlining her decision to overturn the Inspectorate’s decision and to allow the Resource Recovery Solutions appeal to proceed, Mrs Justice Davies cited a number of reason, including:
• The scale of the proposal was such as to be relevant to and address the waste management needs of an entire sub-region and was more than of merely local importance;
• The parties had made reference to the regional strategy at earlier stages prior to its abolition but had not made reference to it at the Inquiry because it was understood that it had been revoked;
• The Inspector should have sought the parties' views upon the materiality and weight to be given to the regional strategy.
Shanks
Related links
In a statement, Shanks said it was “pleased” with the High Court ruling. It noted that the Secretary of State would now seek of the views of all the “major parties” involved in the project before deciding how the appeal should succeed.
It added: “In the meantime we continue to work with both Derbyshire county council and Derby city council to develop a long term recycling and landfill diversion solution for the region's waste.”
TwitterFollow us on twitter
linkedinFollow us on linkedin