Challenge to East Sussex waste plan challenge thrown out

East Sussex county council, alongside its unitary partner Brighton & Hove council, had set out a Waste Local Plan, detailing how waste should be handled by the two authorities for the next 25-years.

” This High Court challenge was a slur against the hard work of councillors and officers at both councils “
– Councillor Peter Jones, East Sussex council
But the plan came under threat when Nicola Day, a resident of Newhaven where the council's intend to build an incinerator, challenged the plan.

The council's believed that if Ms Day had won it could have set them back 10 years, as they would have had to start on the Waste Local Plan again.

On Friday November 24 Mr Justice Collins found that the arguments against the Plan were unsubstantiated and that work carried out in developing the Waste Local Plan and Brighton & Hove city council had been transparent and followed a sensible course of action.

The plan proposes recycling rates for the councils of 33% by 2010, going up to 40% by 2015. Recovery rates of 50% in 2010 and 67% by 2015 have also been included.

It proposes at least one incineration plant as well as new recycling and composting facilities – the plan also details where these facilities will be based.

Pointless


Following the judgement, county council leader Peter Jones, said: “This High Court challenge was a slur against the hard work of councillors and officers at both councils. We take our legal duties, such as the Waste Local Plan, extremely seriously and have worked tirelessly and carefully to develop a waste plan for the county and the city which is fit for purpose.

“However, what really infuriates me, is what a pointless and outrageous waste of public money this legal challenge has been. The cost to defend this challenge has been tens of thousands of pounds and countless months of dedicated officer time, which could have been used to fund and deliver essential council services. And so, ultimately, it is the people of East Susses who have to pay the price of this farce,” he added.

Contract


The Waste Local Plan, which was finalised in December last year, will run alongside a long-term waste contract which the county signed with Veolia in 2003.

This is not the first trouble that the plan has suffered – after the contract was signed last year MEP Dr Caroline Lucas called for an investigation into the councils' dealings.

Dr Lucas did not believe residents were appropriately consulted when the Veolia (formerly known as Onyx) contract was signed, and questioned how a contract could be awarded two years before the waste plan was finalised (see letsrecycle.com story).