Court told Norfolk EfW meeting was ‘a sham’

The claim was one of several made by lawyers for a protest group member who is fighting the plan to build an incinerator at the Willows Business Park just south of the town.

Grimston resident, Michael de Whalley, a member of King’s Lynn Without Incineration, launched his bid to have the council’s decision to award the PFI contract for the incinerator judicially reviewed today.

The court heard UK-company Cory Environmental Management Ltd and US-based Wheelabrator Techonology Inc were given a joint contract by Norfolk county council in March this year to build and run the plant, which was ratified by the cabinet scrutiny committee the following month.

But the 500 million 25-year scheme, which would recycle some of the waste currently put into landfill and incinerate the rest to produce energy, aroused significant local opposition.

Opposition

One of its strongest objectors, Mr de Whalley, is now claiming Norfolk’s decision to okay the scheme did not give full consideration to the strength of public opposition and was unlawful.

His barrister, Timothy Leader, today claimed the matter was decided in advance of the council’s public meeting at a Conservative councillors get together held just days beforehand.

Mr Leader said the Conservative meeting at the very least gave the appearance that an “opaque” decision had been made “behind closed doors”, and the cabinet meeting looked like a “stage-managed pantomine”.

He told the court: “Whatever was in the minutes at cabinet it is clear that, first, they were simply doing what they had been told and, secondly, when one looks at all the surrounding circumstances, that, in fact, the meeting was a sham.”

Mr Leader told the court councillors wrongly believed Norfolk could incur costs of up to 20m if it refused the bid, and the council’s constitution may have been breached by the use of a party “whip” at the subsequent scrutiny meeting.

Lawful

The county council, supported in court by lawyers for Cory, insist their decision was lawful.

Norfolk’s counsel, Nigel Giffin QC, told the court the decision was not pre-determined, but made independently by the cabinet members, who rightly considered public opinion and the potential financial risks.

Referring to the scrutiny meeting, he added: “Whipping, as the name perhaps suggests, means the party line enforced by discipine and sanctions, removal from posts etc. There is no evidence whatever of this having occurred in the present case.”

Mr Justice Nicol reserved his judgement on whether to grant Mr de Whalley permission for a full judicial review hearing, and his decision will be given at an unspecified date in the future.