Viridor has encountered a fresh blow in its bid to build an energy from waste plant in South London, after a judge yesterday (June 16) granted permission for a judicial review into the decision to award planning consent for the plant.
Permission for the 200 million Beddington Lane facility was formally awarded to the waste management firm by Sutton borough council in March. The plant is being developed on an existing landfill site as part of a 25-year waste treatment contract with the South London Waste Partnership.
However, the development also falls within a Metropolitan Open Land (MOL) area which has similar planning requirements to green belt land.
Sutton resident and South London Green Party campaigner Shasha Khan had lodged the legal challenge to the decision on the grounds that the local authority had applied the wrong planning policy to the proposals, and that its decision was influenced by its contractual relation with Viridor.
Ruling on the case in the High Court yesterday, Mr Justic Collins claimed that the possible conflict of interest in the defendants roles and the contractual relationship is all too obvious.
Hearing
A hearing into the case is now likely to take place as early as October, after permission was granted by the Judge.
Commenting on the decision, Mr Khan said: In World Cup speak, a tricky qualification has been achieved and now we all look forward to the finals. I am so grateful for the hundreds of small donations to finance this case from members of the public like me who want parks for their kids, not waste incinerators.
The ruling represents a setback for Viridor, after it had hoped to begin construction of the 275,000 tonnes-per-year capacity facility this year. However, the company had anticipated the possibility of a legal challenge.
In a statement, the firm said: “Viridor is aware that permission has been granted on limited grounds for a judicial review between an individual claimant and the London Borough of Sutton regarding the granting of planning consent for Viridor’s Beddington Lane Energy Recovery Facility. The company notes that the matter is expedited. As a listed interested party, Viridor will provide robust evidence for the planning case.
“The need for vital infrastructure to enable the diversion of waste from landfill, and it’s utilisation as a fuel for energy security in South London and across the UK, remains pressing.”
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