The ruling, delivered by three judges, dismissed an appeal brought by the Stop Portland Waste Incinerator (SPWI) campaign group, concluding that the Secretary of State had provided adequate explanation for granting approval.
The decision confirmed the government’s earlier move in September 2024 to overturn Dorset Council’s refusal of the application.
Paul Rogers, Technical Director at tor&co, part of the professional team behind the scheme, said: “The Court of Appeal’s decision to uphold planning permission for the £180 million Portland ERF in Dorset, UK marks a decisive moment for Waste to Energy delivery in the UK.
“After six years of process and challenge, the project can finally proceed.”
Challenge launched by SPWI
SPWI launched its legal challenge after the High Court declined to grant a statutory review in April 2025.
Opponents argued that the proposed incinerator, located near the Jurassic Coast World Heritage Site, would increase air pollution and harm the local tourism industry.
Following the earlier High Court outcome, Giles Frampton, Director at Powerfuel Portland Limited, commented: “This legal challenge was not related to the planning merits of the project or the environmental effects – these had been previously assessed and approved by the Secretary of State and the Environment Agency.
“The judgment is clear that there was no legal basis for any challenge.
“We hope to now work constructively with stakeholders including Dorset Council to ensure the benefits of this project are delivered.”
£180 million investment
Set within Portland Port, the ERF is expected to process up to 202,000 tonnes of household, commercial and skip waste each year.
The investment in the facility is estimated at over £150 million, rising to £180 million when fully delivered.
Portland Port has previously described the ERF as “vital to this port’s future,” noting that the development would help enable shore power for visiting cruise ships.
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