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Government wins Cornwall EfW court battle

Government wins Cornwall EfW court battle

By Will Date

SITA UKs energy-from-waste incinerator in St Dennis, Cornwall is set to go ahead, after the Court of Appeal ruled in favour of the government to approve planning permission for the project this morning (March 29).

The proposed 117 million Cornwall Energy Recovery Centre (CERC) was originally granted planning consent by Communities Secretary Eric Pickles in May 2011. However, opponents to the project from the Cornwall Waste Forum legally challenged the decision which was overturned in Londons High Court in October 2011 (see letsrecycle.com story).

Challenge

An artists's impression of SITA UK's proposed energy-from-waste plant in Cornwall
An artists’s impression of SITA UK’s proposed energy-from-waste plant in Cornwall
Mr Pickles then launched a challenge to the High Court ruling in November (see letsrecycle.com story), and his decision to grant permission was upheld by the Court of Appeal in todays verdict.

David Buckle, project director at SITA UK, said: This is extremely good news for Cornwall which desperately needs the CERC to be built and operational as soon as possible, as landfill space continues to dwindle.

Todays judgement means that we area a step closer to putting Cornwalls residual waste to good use, with the production of enough energy to power the equivalent of 21,000 homes and the ability to provide heat to local industry.

Reaction

In a statement Cornwall county council also welcomed todays ruling by the Court of Appeal. It said: Cornwall council welcomes the decision by the Court of Appeal to grant the Secretary of State and SITAs application in relation to planning permission for the Cornwall Energy Recovery Centre.

While we recognise that those who have campaigned against the Secretary of States decision to grant planning permission for the Cornwall Energy Recovery Centre will be unhappy at this judgement, it will enable the council to take action to tackle the waste crisis facing Cornwall.

As a result of this judgement, which reinstates the planning permission originally granted by the Secretary of State, the council will now be working with SITA to finalise the Revised Project Plan.

Pre-engineering and construction works began on the plant in September (see letsrecycle.com story) as councillors were keen to push ahead with the project to prevent incurring costs for delaying the work. The plant is expected to be up-and-running by December 2014.

The facility forms a part of Cornwall county councils 30-year PFI contract agreed with SITA UK in October 2006 (see letsrecycle.com story). The council had considered scrapping the contract, but it estimated that the cost of pursuing an alternative would have been up to 322 million.

The Cornwall Waste Forum are now understood to be considering launching an appeal through the European courts.

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