Court ruling paves way for Bucks EfW to be built

Mr Justice Lindblom yesterday (April 29) dismissed two separate applications from Mr Chistopher Prideaux and Mr Kenneth Kolb for a Judicial Review of Buckinghamshire county councils decision to grant planning permission for the Greatmoor EfW facility on July 27 2012.

The incinerator is being proposed by waste management firm FCC Environment under a multi-million pound, 30-year residual waste treatment contract with the council signed earlier this month (see letsrecycle.com story).

The EfW facility will process up to 300,000 tonnes of Buckinghamshires household and business waste and generate 22MW of electricity enough to power the equivalent of 36,000 homes. Construction is anticipated to begin later in 2013.

The first claim for a Judicial Review of the planning decision was brought by Mr Christopher Prideaux, who lives near the proposed site for the EfW facility, and was heard on the 12, 13 and 14 March 2013.

Mr Prideaux challenged the planning permission on three grounds: whether the council had complied with its duties in respect of European Protected Species (especially bats and great crested newts); whether the council unlawfully failed to apply relevant national policy on nature conservation in the National Planning Policy Framework (NPPF); and whether the council had failed to provide adequate reasons for granting permission.

However, the Judge dismissed all three of the grounds in Mr Prideauxs claim, stating that the council had complied with its ecological duties and that the planning committee was properly advised on the substance of the NPPF. He also stated that the reasons why planning permission was granted were available in the officers report which sets them out at considerable length.

With regards to Mr Prideauxs claims, Mr Justice Lindblom concluded: I am not persuaded that the claimants grounds were unarguable, and I am therefore able to grant him permission to apply for judicial review. But for the reasons I have given the claim itself is dismissed.

Flooding

The second claim was brought by Mr Kenneth Kolb as a litigant in person, who submitted that wrong and misleading information was given to the councils planning committee on issues relating to flood risk and hazardous waste at the proposed site. His claim was heard on 14 March 2013.

However, Mr Lindblom also dismissed Mr Kolbs claims, stating: I do not see anything factually inaccurate or misleading in the information presented to the committee. Nor do I see any public law error in the members assessment of the material before them. Their conclusions were informed by the relevant considerations to which the officers drew their attention, and reached in the light of representations made by objectors, including the claimant.

Mr Linblom also said that Mr Kolbs claim had been brought too late, as it was launched five weeks after a time limit of three months for filing a Judicial Review claim.

The Judge concluded: The claim is not properly arguable on any of the grounds advanced by the claimant in his written and oral submissions, and has in any event been brought too late. Permission to apply for judicial review is therefore refused.

Neither Mr Prideaux nor Mr Kolb have asked the court for permission to appeal the decision.

Commenting on the judges decision on both claims, Buckinghamshire county councillor Steven Adams, cabinet member for environment, said: I welcome this judgement. The Buckinghamshire Energy from Waste partnership between the county council and FCC Environment is an initiative that will save the tax payer more than 150 million and create local jobs whilst protecting our beautiful landscape from further damaging landfill.

I understand that the small number of objectors have strong feelings, but this is a project that has excellent aims and thorough processes that have been exceptionally well pursued and executed by a strong team. Today’s judgement supports that.