Controversial Consett incinerator plans rejected by High Court
Plans to build a controversial waste incinerator in Consett have been rejected again - this time by the High Court
Plans to build a controversial waste incinerator in Consett have been rejected again - this time by the High Court in London.
A High Court appeal to build a new waste incinerator in Consett has been dismissed.
Project Genesis hoped to overrule thousands of objections from residents and planning refusals from Durham County Council and the government to build the energy facility at the Hownsgill Industrial Park, near Delves Lane.
The local developer said the outcome was “extremely disappointing” and hit out at political interference and the ‘Not In My Back Yard’ culture around the proposal. It also accused protest groups of scaremongering and spreading misinformation.
The proposed ‘Hownsgill Energy Centre’, with a 50m-high chimney stack, would have processed up to 60,000 tonnes per year of commercial and industrial waste. Project Genesis previously said the scheme would provide a catalyst for investment, jobs and regeneration.
Planning permission was initially refused by Durham County Council in September 2021 but Project Genesis has since mounted several appeals in a bid to see the application accepted. The government Planning Inspector then recommended it be approved after a public inquiry, however that was later disputed by the Department for Levelling Up, Housing and Communities in June 2023.
The latest government refusal centred around the significant harm to the character and appearance of the landscape, while also mentioning how it would impact public health and housing demand.
At a High Court hearing in January, Project Genesis argued that the Planning Inspector and Secretary of State both reached different interpretations in relation to the impact it would have on the area. There were four agreed issues in the case, relating to and benefits.
But Mr Justice Fordham ruled that he was not convinced by the appeal. In his judgement, published on Wednesday, he said: “I have not been persuaded by the developer’s claim and I will dismiss the claim for statutory review. The parties agreed that I should order that the claim be dismissed; and the developer shall pay the Secretary of State’s costs, to be assessed if not agreed.”
Local group ‘Say No To Consett Incinerator’, set up by residents in 2021, headed a dedicated campaign against the plans. In a statement following the judgement, the group said: “Project Genesis have lost once again. The people said no, the council said no, the government said no, and now the judge has said no. It is time for Project Genesis to accept that as Shlomo Dowen of UKWIN says ‘an incinerator was not wanted or needed in Consett’.
“Can I take this opportunity to thank everyone involved for their support. This has been a collective effort where everyone has played a part. It has been the level of support and commitment from the community that has enabled us to maintain such a long campaign. What a fabulous victory for Consett!”
Local Conservative MP, Richard Holden, also celebrated the judgement. He said: “The High Court’s decision to dismiss the appeal on the Consett incinerator plans is a significant win for local people. I commend the local councillors, campaign groups – including ‘Say No to Consett Incinerator’, for their dedication.
“This ruling confirms the strong opposition from residents, the council, and the Government against the incinerator project. I hope that all now acknowledge and respect the High Court’s decision and allow the town to move forward.”
Read the full Project Genesis statement below:
“This is extremely disappointing considering all the political barriers and influence that have been put in the way of due process since Project Genesis Ltd submitted the original application as long ago as November 2020. The consequent energy crisis and current waste management problems the region and the country are experiencing are testament that this model is the right model for counties to supply local energy as well as deal with their waste streams, as has already been demonstrated elsewhere in the UK.
“This scheme has failed to receive approval not on the basis of the facts and benefits of the case, but on the basis of purely political interference and the ‘Not In My Back Yard’ culture, which unfortunately dominates planning decisions nowadays. This is compounded by protest groups that utilise social media and cannot be regulated with the mis-information they spread.
“This scheme rightly went to appeal and the professional Planning Inspector who considered all matters very diligently and on balance decided and strongly recommended that the Energy Recovery Facility should be approved. We are still at a loss as to why the Secretary of State would seek to recover the appeal in the perceived national and regional strategic importance with which he held it, other than by political influence by the local MP or others.
“The local opposition group would not engage in meaningful dialogue with us but merely sought to spread mis-information and scaremongering among the local community on the mis-conception of emissions, health, noise, smells etc all of which were dismissed at the appeal hearing.
“Having now deprived the town of Consett of the potential of up to £50million of much needed investment in the current economic climate we would challenge Mr Holden to commit to supporting the town with attracting much-needed government investment to support us in our ambitions to further re-generate the area and the Genesis Project, public funding which has been sadly lacking for decades now.”