Calderdale incinerator permit decision ‘can go to Judicial Review’
A decision was made by a judge
Campaigners against a controversial incinerator operating in Calderdale are reporting they have been given permission by the courts to pursue a Judicial Review into a key council permitting decision.
The Benbow Group, which is fighting to prevent Calder Valley Skip Hire from operating an incinerator at the company’s Belmont, Sowerby Bridge, site said the case for a review put by a claimant can progress to Judicial Review.
The decision was made by a Judge sitting at Leeds yesterday (Dec 4).
“The case for Judicial Review was made by the claimant’s barrister Richard Harwood KC and was successful. The claimant can now progress to a Judicial Review,” says the group.
The company has planning permission to install a small waste incineration plant (SWIP) at the site but also needs an environmental permit to operate it, with the latter granted by Calderdale Council last year.
One group member attending the court said the Judge recommended that the decision go to a full Judicial Review, “to a loud gasp from members of the public at the back of the court.”
Malcolm Powell, on behalf of the group, which has raised funds to help with costs of pursuing the case, is the claimant.
Mr Powell’s calling for a Judicial Review of the decision saw a High Court judge refuse permission for a review this summer but, helped by fundraising support, he made the appeal heard yesterday.
He has successfully pursued a Judicial Review over an earlier granting of a permit, the grant of which which was effectively eventually overturned by a Planning Inspector.
A complicated history has seen Calderdale Council refuse planning permission for the incinerator, and that decision being overturned on appeal to the planning inspectorate.
However, companies also have to have an environmental permit to run the incinerator, and following the company’s initial 2021 application objectors went to law and won the right to a Judicial Review of the council Cabinet’s decision to grant the permit.
After this the permit was quashed, following which the status of the permit application was deemed to be “undetermined” and the company appealed the non-determination.
But Planning Inspector John Woolcock, citing risk to health, which is a main concern of objectors, dismissed this after an inquiry, effectively refusing it.
However, as the law stands companies can lodge further applications, and this second application was granted by council officers late last year.
The incinerator has been opposed by campaigners and cross-party councillors and MPs.
Affected ward councillors Dot Foster and Adam Wilkinson (both Lab, Sowerby Bridge) – Coun Wilkinson is a Cabinet member – and Coun Leah Webster (Lab, Ryburn) have posted on the campaign group’s social media welcoming that the latest decision can go to Judicial Review.