High Court Grants Permission for Review of Incinerator Project

A High Court examination into proposals for constructing an incinerator near Dorset’s Unesco World Heritage site has received authorization to proceed. The facility, intended for land at Portland Port, was approved by the government in September, despite Dorset Council’s initial rejection. The Stop Portland Waste Incinerator (SPWI) group, which initiated the High Court case for a statutory review of the decision, stated it was “delighted” that the hearing had been approved. Powerfuel Portland, the company behind the plans, maintained it remained “confident of a positive outcome”. The SPWI request for a statutory review has been upheld because the Secretary of State’s decision “does not satisfy” Dorset Council’s Waste Plan. This plan specifies particular sites for waste disposal closer to the county’s major waste-generating settlements. Debbie Tulett, who submitted the legal challenge on behalf of SPWI, described the decision to accept the review as “fantastic news”. She further added, “Although I know there were those that doubted it would get to the High Court, the fact that the judge agrees that Ground One of our claim is arguable with sufficient prospect of success, I feel this at least vindicates our decision to bring about this claim.” Campaigners commenced their legal efforts in October to overturn the government’s ruling on the site, which is located near the Jurassic Coast. Giles Frampton, Powerfuel Portland’s director, commented: “It is quite proper that due process is being served and that the highest level of scrutiny is being applied to the project, and we were pleased that the judge dismissed two of the three grounds cited.” He also stated, “We look forward to delivering much needed baseload power to the port, while providing a significant boost to the Dorset economy and assisting Dorset’s waste authority in meeting its own obligations under the Dorset Waste Plan.” The BBC understands that the High Court hearing for this case is anticipated to take place early next year. If an interested party, such as the campaigners opposing the incinerator plans, believes a government planning inspectorate’s verdict is legally incorrect, they are able to take the case to the High Court. Once an application for a statutory review is submitted, it must obtain permission from a High Court judge to be heard. A hearing would then be conducted at the Royal Courts of Justice, with both sides presenting their points of law before the judge reaches a verdict. In a statutory review, the goal for an appealing party is to have a decision quashed – meaning the case would then be referred back to the planning inspectorate for re-examination. This process could still conclude with the inspectorate approving the original decision. Should a statutory review fail, the case may be advanced to the Court of Appeal – although this would incur even greater costs and there is no guarantee that it would overturn the High Court’s verdict. You can follow BBC Dorset on Facebook, X (Twitter), or Instagram. Copyright 2024 BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking.