County sees off double JR challenge to permission for energy-from-waste plant
A county council has defeated two judicial review challenges to its decision to grant planning permission for an energy-from-waste plant.
The development control committee at Buckinghamshire County Council gave permission for the site at Greatmoor, near Aylesbury, on 27 July 2012.
The challenges were brought by Christopher Prideaux and Kenneth Kolb.
Prideaux advanced three grounds for his claim, namely that the local authority failed to:
- comply with the requirements of Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora and the Conservation of Habitats and Species Regulations 2010;
- apply the Government's planning policy for nature conservation in the National Planning Policy Framework; and
- provide adequate reasons for the grant of planning permission.
Mr Justice Lindblom gave permission to apply for judicial review but rejected it on the merits.
The judge meanwhile refused permission for the second claim, in which Kolb contended that the planning permission was unlawfully granted and that, as a result, hazardous waste containing toxic dioxins would be disposed of in an area prone to flooding.
Mr Justice Lindlbom concluded that this claim was not properly arguable on any of the grounds submitted and had in any event been brought too late.
Steven Adams, cabinet member for environment at Buckinghamshire, said: "I welcome this judgment. The Buckinghamshire Energy from Waste partnership between the county council and FCC Environment is an initiative that will save the tax payer more than £150m 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."
Construction of the plant is expected to start later this year.