Plans for a 130 million mechanical biological treatment (MBT) and gasification plant on Sinfin Lane, Derbyshire, have taken a step forward after judges dismissed campaigners appeal against the facility at the Royal Courts of Justice yesterday (October 7).
Supported by the group Sinfin and Spondon Against Incineration (SSAIN), campaigner Dorothy Skrytek had appealed against the Planning Inspectorates September 2012 decision to award planning permission for the facility (see letsrecycle.com story).
However, waste management firm Shanks which owns the subsidiary developing the plant, Resource Recovery Solutions (RRS) welcomed the judges decision yesterday to dismiss the appeal.
A spokeswoman for Shanks commented: Shanks is and has always been confident that this facility will have significant benefits for the community in Derby, so we welcome this judgement.
Campaigners said they did not yet know the reasons for yesterdays decision, but that the three Judges at the hearing Lord Justice Maurice Kay, Lord Justice Beatson and Lord Justice Briggs would be writing to them in due course.
And, despite the setback, the SSAIN said it would continue to fight the plans where possible. The campaign group claims that the proposed plant is not suitable for the area, will lead to an increase in traffic and will impact on local air quality.
Simon Bacon, chairman of SSAIN, told letsrecycle.com: We have always maintained that while there is a route for us to fight against it then we would explore that and when we have got the judgement from the court we will review that and look at our options.
‘Shanks is and has always been confident that this facility will have significant benefits for the community in Derby, so we welcome this judgement.’
Shanks spokeswoman
We are despondent but as it was originally planned, the plant would have been operational by now and it is still not, so we can take some success from that.
He added: Our barrister put across our evidence, then the judges went out and came back and said they were dismissing the appeal. They said they would be giving us the decision in writing in due course so we dont know why they have dismissed the appeal.
It is a case of waiting to see what has been said and engaging with our legal team. We are standing up for the community who dont want this incinerator to go ahead.
Sinfin plant
RRS, a wholly owned subsidiary of Shanks, is set to operate the facility as part of its 27-year contract with Derby city and Derbyshire councils, signed in 2009.
The company is investing a total of 130 million in the MBT plant, which will produce a solid recovered fuel (SRF) for use at the on-site gasification facility.
Commenting on yesterdays court decision, Derby city council leader Paul Bayliss said: The formal judgement, which will explain the reasons for dismissing the appeal, is yet to be produced. We await the full details of the formal judgement. We continue to work together with RRS and Derbyshire county council to look at how we can progress the development of the plant. We still have to achieve financial close on this project.
The 190,000 tonnes-per-year capacity plant was originally refused planning consent by Derby city council in 2009, a decision that Shanks then successfully appealed against in the High Court in May 2011, leading to planning permission finally being granted by the Planning Inspectorate in September 2012, following a 10 day public consultation into the plans (see letsrecycle.com story).
Following the Planning Inspectorates decision, campaign group Sinfin and Spondon against Incineration (SSAIN) took their challenge to the High Court, which culminated in Judge Davies ruling in favour of the planners in court in Manchester on March 28. It was the campaigners appeal against this decision that was dismissed at the Royal Courts of Justice yesterday (October 7).
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