Cornwall Energy Recovery Centre Permission In Doubt
14 October 2011
SITA Cornwall has been notified that the S288 appeal, against the decision of the Secretary of State, Eric Pickles MP, to grant planning permission for the Cornwall Energy Recovery Centre, has been upheld by the high court
Judge Mr Justice Collins said that when Communities Secretary Eric Pickles overturned the county council's decision, he had not properly considered whether the EU Habitats Directive required special assessment to be carried out before permission was granted.
Campaigners who have fought this battle say Cornwall Council should have opted for more modern technologies to dispose of waste such as gasification and pyrolysis.
SITA said that it recognised that the Secretary of State will need time to review details of the announcement and decide what action the Government should take to address the judgment.
David Buckle, project director at SITA said: "This judgment gives us cause for considerable concern and we will need to study the detail of this decision and consider any possible remedies."
"We have always believed that the CERC is the best technical, financial and environmental solution for managing Cornwall's waste and it is important that the scheme is able to progress, as without it Cornwall is facing an enormous waste problem," Buckle added.
The judge gave the government permission to take its case to the Court of Appeal.
He said: "The problem that faces me is that the Habitats Directive and regulations are the law and must be obeyed."
Cornwall Council said it would be "pressing for an early resolution as further delays will not only extend uncertainty over this process but could prove financially disastrous for people in Cornwall".
It said each month's delay would cost the council about £1m in landfill tax and haulage costs, "creating serious implications for the council's budget".
Darrel Moore
