Council to obtain legal advice on fighting decision to allow incinerator

Fenland District Council has voted to seek legal advice on a judicial review challenge to a decision by the Secretary of State for the Department for Energy Security and Net Zero's to allow an incinerator to be built at Wisbech.

The council unanimously backed a plan to seek legal advice on whether there are grounds for a legal challenge with the aim to have the decision quashed.

Speaking at the meeting, council leader Cllr Chris Boden, said: "If there is any reasonable possibility at all that we can manage to get this decision changed, we owe it, not just to the people of Wisbech I have to say, but to the people of Fenland as a whole, we owe it to them to take that opportunity."

The Medworth CHP Ltd energy from waste combined heat and power facility at Algores Industrial Estate in Wisbech was given the go-ahead by Secretary of State Clare Coutinho last week 20 February).

The Secretary of State took the decision as the decision maker under section 103 and section 104 of the Planning Act 2008. She made the order for development consent under section 114(1)(a) of the 2008 Act.

Fenland District Council, Wisbech Town Council, Cambridgeshire County Council, Norfolk County Council, and the Borough Council of King's Lynn and West Norfolk all opposed the incinerator.

Local action groups and residents have also voiced opposition over scale and potential negative impacts on residents.

The council's motion said: "Fenland District Council stands with local residents in seeking to oppose development of this incinerator and re-affirms the council's opposition to this.

"The decision by the Secretary of State is not able to be appealed. However, the decision can potentially be challenged by means of a judicial review if the decision can be shown to have been made irrationally and/or without proper process having been followed."

The motion also called on officers to begin conversations with Wisbech Town Council, Cambridgeshire County Council, King's Lynn and West Norfolk Borough Council, Norfolk County Council and the CPCA to establish what their contribution would be to the costs of a judicial review if there are grounds to pursue such action.

In addition, it invited the Secretary of State to visit Fenland for a formal meeting "at which she will be invited to respond to questions and statements from Fenland District councillors about her decision".

Adam Carey