Judge allows challenge to waste incinerator planning permission to go ahead

A High Court judge has given permission for a judicial review challenge to go ahead into a council’s decision to allow a waste incinerator to be built.

In March this year Sutton Council granted planning permission for the South London Energy Recovery Facility to be located at Beddington Farmlands.

The facility will replace a current landfill site and serve Croydon, Kingston and Merton as well as Sutton. Most of the existing site is to be turned into an 86-hectare country park with some public access. The development is on Metropolitan Open Land.

The council’s decision is being challenged by Shasha Khan, who lives two miles from the site of the incinerator. He is being advised by law firm Deighton Pierce Glynn and 39 Essex Street barrister Justine Thornton.

The claimant argues that Sutton made a serious error by applying the wrong planning policy to the incinerator and that it was unduly influenced by its contractual relationship with Viridor, the developer.

Giving permission for the challenge, Mr Justice Collins said: “Despite the lengthy attempts to show that this claim totally lacks merit on all grounds, I am satisfied that, save for Ground 2 (legitimate expectation), in respect of which I refuse permission, the claim is arguable.

“The possible conflict of interest in the defendant’s roles and the contractual relationship with Viridor is all too obvious.”

The judge said it was accepted that the case involved an Aarhus claim. As a result, the usual £5,000 cap applies with a £35,000 reciprocal cap for the defendants.

Mr Justice Collins added that the claim should be heard as soon as possible during the High Court’s next term, that is, in early October.

Sue Willman of Deighton Pierce Glynn said: “Despite powerful opposition by the council and developers, a senior planning court judge has recognised the strength of the case not to grant planning permission to burn waste on a site which is a haven for wildlife and migrating birds.”