Challenge to Herefordshire autoclave plant thrown out

However, protestors still plan to appeal the court decision made 10 days ago, which denied them the opportunity to apply for a judicial review and challenge the planning approval which Herefordshire council granted to the facility.

The plant is being proposed by West Midlands-based Estech Europe for a site at Stoney Street Industrial Estate in Madley, to treat up to 100,000 tonnes of municipal residual waste a year, using autoclave steam technology. It first received planning permission from Herefordshire council in 2004.

But local pressure group the Herefordshire Waste Watchers started legal proceedings to judicially review and quash the decision. This action saw the High Court temporarily ruling that the facility could not go ahead as planned in 2005, on grounds of insufficient information on the plant's environmental impact.

Although revised environmental information was submitted, Herefordshire Waste Watchers lodged a formal judicial review claim in February 2007.

Permission to apply for a judicial review was refused by the High Court in May and now an application for further review of that decision was thrown out by a judge at London's Royal Courts of Justice last Friday (November 9 2007).

According to the council, presiding judge Mr Justice Simon ruled that there was “no factual or other basis for concluding that the council had acted improperly”, and awarded costs to the council.

Kevin O'Keefe, Herefordshire council's legal practise manager, welcomed the decision, saying: “We were confident at the time that a full and thorough inquiry into the planning merits, siting and environmental impact was carried out in order to inform a final decision on the planning application for the waste plant.

“We also imposed planning conditions to minimise any damage to the environment and protect the amenity of local residents,” he explained.

Confident

Responding to the outcome, Mike Rogers of Herefordshire Waste Watchers told letsrecycle.com that he was still confident of gaining a judicial review.

He said: “Currently out barrister has informed us we have grounds for an appeal. We have no problems with the government's waste policy but Madley is totally the wrong place due to the configuration of the site, traffic access, nearness to schools – a whole range of things. We are hopeful we will get an appeal and we are positive we will win it and go ahead with the judicial review and are confident we will win that.”

Fibrecycle

The Estech plant will use a process known as “Fibrecycle” which the company claims can recycle up to 80% of residual “black bag” household waste.

Describing the technology, the company said in August: “Detailed testing and analysis of the technology by a team of independent experts has confirmed that the process is extremely safe – perhaps one of the safest methods of waste treatment/recycling available today.”