Campaigners against a proposed energy from waste plant in Derby are weighing up whether to appeal a decision by the High Court which clears the path for the plant to be built.
Judge Stephen Davies last month ruled against the campaign group Sinfin and Spondon Against Incineration (SSAIN), who lodged a High Court challenge to the decision to uphold planning permission for the proposed facility at Sinfin, Derby. The plant, which would use mechanical biological treatment and gasification technology, has been proposed by Resource Recovery Solutions (RRS), a wholly owned subsidiary of Shanks.
The plant was originally refused planning consent by Derby city council in 2009, a decision that Shanks then successful appealed in the High Court in May 2011, leading to planning permission finally being granted by the Planning Inspectorate in September 2012, following a 10 day public consultation into the plans (see letsrecycle.com story).
Following the Planning Inspectorates decision, SSAIN then took their challenge to the High Court, which culminated in Judge Davies ruling in favour of the planners in court in Manchester on March 28.
The group has now told letsrecycle.com that it will assess the details of the ruling, before deciding if it will continue its challenge.
Simon Bacon, chairman of SSAIN, said: It is difficult to say where we will go as the ruling was only published yesterday. There is a window of opportunity for us to appeal but we have not yet had the time to look at it in detail with our legal advisers, so we need to review it first.
Ruling
The High Court ruling removes the latest barrier to the development of the 190,000 tonne-a-year facility. The plant is being proposed to treat residual waste under its 27-year contract with Derby city and Derbyshire county councils, signed in December 2009 but has yet to reach financial close.
A spokeswoman for Derbyshire county council told letsrecycle.com that the parties are working toward financial close on the contract, and that work is anticipated to begin early next year once this is reached.
She said: Were continuing our work to encourage people to recycle more and were aiming to reach our target recycling rate of 55% by 2020.
But there is always going to be rubbish which cannot be reused, recycled or composted and continuing to landfill such large amounts is not an option for the future. It is bad for the environment and expensive for tax-payers with 12.8 million in landfill tax currently being paid by the city and county council each year.
Were continuing to work with RRS and Derby city to progress the plans.
Investment
RRS is set to invest a total of 130 million in the facility, which will comprise a mechanical biological treatment (MBT) plant to produce a solid recovered fuel (SRF) which will then be turned into gas for combustion in a gasification facility on the site.
Commenting following the High Court ruling a spokesman for Shanks, said: Shanks is pleased that a potential appeal against the planning inspectors decision to allow a waste treatment facility at Sinfin Lane in Derby to be built has been blocked. We are confident of the benefits of the facility for Derby City and Derbyshire and continue to work with the councils to progress our plans.
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