Judicial Review considered to fight Sutton EfW plans

Sutton council granted Viridor planning permission for the 200 million Beddington Lane facility in May 2013 (see letsrecycle.com story), but as the proposed development is on a former landfill site on Metropolitan Open Land (MOL) which has similar planning requirements to green belt land the London Mayor had the final decision on the plant.

However, Mayor Boris Johnson – who is currently on holiday – delegated responsibility for yesterdays decision to his deputy, Edward Lister.

Mr Lister concluded that as the EfW plant would divert waste from landfill to create heat and energy, the advantages outweighed the potential harm caused by inappropriate development on MOL and that there were no sound reasons for the Mayor to direct refusal in this particular case.

The Beddington Energy Recovery Facility (ERF) forms part of Viridors 990 million contract with the South London Waste Partnership to treat around 200,000 of waste per year over a 25-year period. The contract was awarded in November 2012 subject to Viridor gaining planning permission (see letsrecycle.com story).

At present, the 200,000 tonnes of residual waste generated by the four councils that make up the South London Waste Partnership – Croydon, Kingston, Merton and Sutton – are sent to landfill.

Welcoming the deputy Mayors decision, Viridor said the Beddington Lane plant would play an important role in diverting waste from landfill.

Ian John, head of planning at Viridor, said: This decision builds on the approval of the London Borough of Sutton and is another important step towards achieving planning permission and the delivery of next generation infrastructure for South London.

Operating to the highest national and international standards, the facility will deliver real environmental, economic, social and community benefits.

Green belt

However, campaign group Stop the Incinerator is now considering a number of legal options as well as direct action in order to fight the incinerator, which it claims is unnecessary and will have a negative impact on air quality in the area.

Speaking to letsrecycle.com, Paul Pickering, chairman of Stop the Incinerator campaign group, said: The whole thing is far too big the capacity is around 300,000 tonnes per year so it is undoubtedly going to have a negative effect on recycling because it is going to have to be fed somehow. Also, anything that goes into the black sacks paper, glass, plastics – will be burned in the incinerator rather than sorted for recycling.

Last month, the Department for Communities and Local Government (DCLG) announced plans to discourage the development of waste facilities on green belt land (see letsrecycle.com story), and Mr Pickering said this went against the Beddington Lane proposals.

He said: Eric Pickles stated quite clearly that landfill and incineration is not to be used on green land, which is precisely what seems to be happening at Beddington Lane.

Legal action

Mr Pickering said members of the group would be meeting this weekend to discuss their options, before a meeting with their solicitors next Tuesday (August 27).

He said: The trouble is that it could cost up to 40,000 to take the case to court, so we need to look at how we might raise these funds. Crowd funding is an option the solicitors themselves have suggested this.

Various forms of direct action need to be considered as well, but it is early days for that sort of thing. We have three months to decide on whether to launch a Judicial Review application.

Backing Stop the Incinerators stance against the Beddington Lane facility, London Assembly member Jenny Jones described the deputy Mayors decision as an environmental disaster for South London and the recycling and composting industry.

She said: The Mayor has failed to observe his own planning and waste policies which state that incineration is the least desirable form of waste management. Instead he has put the interests of big business first, before legitimate environmental concerns and the interests of local residents that will be affected by his decision.