Council challenges funding for Norfolk EfW

Kings Lynn and West Norfolk borough council has applied for a Judicial Review of the governments decision to provide PFI funding for a waste incinerator near Saddlebow, Kings Lynn.

Norfolk county council was awarded 91 million of PFI funding by environment secretary Caroline Spelman in January 2012 to develop the plant, which would be built by a consortium of Cory and Wheelabrator. This followed earlier concerns raised by Defra that the project did not have a consensus of support needed to meet PFI criteria.

But, on Thursday (April 5), Kings Lynn and West Norfolk borough council revealed that it has applied to the High Court for permission to carry out a Judicial Review of Defras decision to grant the PFI money.

Kings Lynn & West Norfolk borough council leader Nick Daubney, said: We have not taken this step lightly. We have received the advice of our QC, and have considered the evidence before us and it remains our contention that the Secretary of State has failed to demonstrate or evidence the reason for her change of mind.

Challenge

The legal challenge has been launched as the council claim that a broad consensus of support does not exist, partly based on the findings of a poll of local residents carried out by the borough council, which returned a 93% no vote against the project, as well as opposition from Norwich city council to the incineration of waste in Norfolk (see letsrecycle.com story).

Mr Daubney added: In our view neither of these points have been addressed and yet on January 18 the Secretary of State confirmed that the 91 million Waste Infrastructure Credits would be awarded to Norfolk county council for their incinerator project.
We believe that to grant public money to finance such an ill conceived project, which is clearly unwanted by the very people who will end up paying for it, is just wrong.

In November 2011, Ms Spelman put the decision to award Waste Infrastructure Credits to the proposed Kings Lynn incinerator on hold, in order to give Norfolk county council extra time to demonstrate that there was a broad consensus for its waste management strategy (see letsrecycle.com story).

Objections

Ms Spelman raised concerns to the council about the volume of objections to the plans, and the withdrawal of support for the project from Kings Lynn and West Norfolk borough council, as well as opposition from the local MP.

Responding to the latest announcement, Norfolk county council cabinet member for environment and waste Bill Borrett, said: Obviously, this is a matter between the borough council and Caroline Spelman. I have seen a copy of the response given by Defra to the borough council of Kings Lynn and West Norfolks pre-action protocol letter which sets out in detail why Defra does not consider there to be any merit in the borough councils claim.

In the light of Caroline Spelmans very strong rebuttal, we would be surprised if the borough council has received professional advice that this very expensive and time consuming legal process has a reasonable chance of success. Therefore it must be questionable whether the decision represents a good use of local taxpayers money.

This is especially so, given the current financial pressures on local public services, and the fact that its full council has only very recently been advised that its expensive go it alone attempt to procure alternative provision for the disposal of its black bag waste has failed, leaving it with the only of attempting to negotiate an arrangement with an individual provider.

A Defra spokesman said: The secretary of state was satisfied that the departments criteria have been met and has approved Norfolk county councils application for Waste Infrastructure Credits. As this is now subject to a possible legal challenge it would be inappropriate to comment further.

Conflicts

The news came ahead of a report in The Times newspaper yesterday (April 9), claiming that opposition to the building of energy-from-waste plants across the country has ignited a new planning row with the government, which has drawn ministers into parish conflicts.

The newspaper highlights the 380,000 tonne per year energy-from-waste facility under development in Hatfield, Hertfordshire, which has received strong opposition from housing and local government minister Grant Shapps, as well as opposition to the incinerator in St Dennis, Cornwall, for which planning permission was upheld in a High Court ruling last month (see letsrecycle.com story).