Review of incinerator scheme approved by High Court

A High Court review of plans to build an incinerator on part of the UNESCO World Heritage site of Dorset has been allowed to proceed.

Planned easement given for land at Port of Portland Government’s green signal in Septemberdespite being initially Rejected by Dorset Council,

The Stop Portland Waste Incinerator (SPWI) group, which filed a High Court case seeking statutory review of the decision, said it was “delighted” that the hearing has been granted.

Powerfuel Portland, the company behind the plans, said it was “confident of a positive outcome”.

SPWI’s request for statutory review has been upheld on the grounds that the Secretary of State’s decision “does not satisfy” Dorset Council’s waste plan.

It designates specific sites for waste disposal near major waste generating settlements in the county.

Debbie Tullett, who filed the legal challenge on behalf of SPWI, said the decision to accept the review was “fantastic news”.

“Although I know there were people who were skeptical that this would reach the High Court, the fact that the judge agreed that Ground One of our claim is arguable with a substantial likelihood of success makes me think.” “This at least vindicates our decision to bring this claim,” she added.

Campaigners launch their legal bid to overturn government decision on Jurassic Coast site In October.

Giles Frampton, director of PowerFuel Portland, said: “It is absolutely appropriate that due process is being followed and the highest level of scrutiny is being carried out on the project, and we are pleased that the judge rejected two of the three grounds cited “

“We look forward to delivering much-needed baseload power to the port, giving a significant boost to the Dorset economy and assisting Dorset’s Waste Authority in meeting its own obligations under the Dorset Waste Scheme,” he said.

The BBC understands the case is expected to be heard in the High Court early next year.

If any interested parties, such as campaigners against the incinerator plan, think that the Government Planning Inspectorate’s decision is legally wrong, they can take the case to the High Court.

Once an application for statutory review is filed, it must obtain permission to hear it from a High Court judge.

This will then be followed by a hearing at the Royal Courts of Justice, in which points of law will be argued by both sides before the judge reaches a decision.

In a statutory review, the appealing party aims to have the decision overturned – meaning the case will be referred back to the Planning Inspectorate for re-examination.

It may still end with the inspectorate approving the decision.

If the statutory review fails, the case can be taken to the Court of Appeal – although this will cost even more and there is no guarantee it will overturn the High Court decision.