After approving the facility last week (see letsrecycle.com story), the decision from the secretary of state was pulled from the National Infrastructure Planning website later in the day, saying that “clarification is being sought” on the plant’s development consent decision.
However, in an update published yesterday (27 February) afternoon, the notice now reads that the announcement and relevant documentation have now been reinstated, “with no alterations having been made”.
The full notice reads: “Following publication of the announcement and documents relating to the Medworth Energy from Waste Facility DCO, clarification was required. Whilst that clarification process took place, information relating to the decision was removed from the website.
“The announcement and relevant documentation have now been reinstated, with no alterations having been made.”
Judicial review
Despite the approval, there still may be some hurdles to come as Fenland council has approved plans to explore a judicial review of the facility. This must be done within six weeks.
At a full council meeting on Monday (26 February), Cllr Chris Boden, leader of Fenland council announced that legal advice will be sought to determine if grounds for a judicial review exist and assess the likelihood of a successful challenge.
Cllr Boden cautioned that success in pursuing a judicial review is not guaranteed but emphasised the council’s responsibility to explore every opportunity to reverse the decision.
Fenland outlined that the facility has also faced opposition from Wisbech town council, Cambridgeshire county council, Norfolk county council, and the borough council of King’s Lynn and West Norfolk, as well as numerous local action groups and residents.
Decision
The reasons for the disappearance of the previous approval was unclear, but there has been some speculation.
Some claim it could be due to the ongoing Environment Agency environmental permit, while others have said an ongoing court case by Friends of the Earth against the government’s climate strategy has played a part.
However, it now appears the approval has been finalised.
Invitation
Fenland district council is now reaching out to Wisbech Town council, Cambridgeshire county council, King’s Lynn and West Norfolk borough council and Norfolk county council to discuss potential contributions to the costs of a judicial review, if deemed necessary.
Furthermore, an invitation has been extended to Clare Coutinho MP to visit Fenland for a formal meeting. The meeting aims to provide an opportunity for her to explain in greater detail the rationale behind approving the proposed incinerator and respond to questions and statements from Fenland District councillors about her decision.
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