Legal challenge issued over Secretary of State approval of incinerator plans
Campaigners have issued a legal challenge against a proposed waste incineration development on the Isle of Portland that was initially rejected by Dorset Council.
Plans for the incinerator were refused unanimously by the council in March 2023 over concerns about potential damage to the region’s heritage landscape, as well as a lack of compliance with local waste plans.
However, in September of this year, the Secretary of State for Housing Communities & Local Government gave the green light for the project on the recommendation of a planning inspector.
Campaign group ‘Stop Portland Waste Incinerator’ acting through Debbie Tulett, who is represented by law firm Leigh Day, has filed a legal claim challenging the Secretary of State’s decision to grant planning permission.
In its initial refusal of planning permission for the development, the council highlighted “adverse effects” that the incinerator would have on the heritage and landscape.
The council also said that the development would contradict the region’s waste management guidance, which outlines that developments should be located closer to major sources of waste in Dorset.
After being refused planning permission, Powerfuel Portland appealed to the Secretary of State for Housing, Communities and Local Government, and an inspector subsequently conducted an inquiry and recommended that permission be granted.
The inspector, Paul Griffiths, advised that the development was not in conflict with any development plan policies and that heritage benefits and job creation carried significant weight.
The campaign group behind the legal challenge claims "overwhelming community opposition" to the incinerator.
The grounds of claim against the government’s decision are:
- The decision does not satisfy Dorset Council’s spatial strategy and the ‘proximity principle’ from its Waste Plan, which designates specific sites for waste disposal nearer to major waste generating settlements in Dorset.
- The decision contained a number of factual errors relating to proposals for a waste management facility in Canford, which it relied on for comparison with the Powerfuel Portland proposals.
- As part of the decision, the Powerfuel Portland proposals were incorrectly compared to proposals for waste management facilities in Canford and Parley.
Powerfuel Portland says the development "is fully consistent with national and local waste policy, which supports efficient energy recovery from residual waste".
Leigh Day environment team solicitor Ricardo Gama said: “Our clients are very concerned that the Secretary of State has granted planning permission for a scheme which flies in the face of the carefully considered waste plan adopted by Dorset Council. They believe that Powerfuel Portland have put forward a speculative scheme in completely the wrong place. They hope that the court will overturn the grant of planning permission so that the Secretary of State will be forced to reconsider the plan.”
The Ministry of Housing, Communities and Local Government has been approached for comment.
Lottie Winson
