Council agrees to quash environmental permit for incineration scheme

Calder Valley Skip Hire (CVSH) had gained permission for the incinerator, but this met with local objections including over the decision being taken under delegated powers.

The council said that in June 2025 the Administrative Court refused permission for a judicial review but permission was then given on appeal, with the High Court ordering a further detailed analysis of the council’s decision at a hearing in late 2026.

A statement said: “The council recognises the continued uncertainty this would bring; both for the objectors and for CVSH.

“After consideration of the court’s decision, the council will now discuss the terms of a consent order with the lead objector.  This will effectively quash, or cancel, the permit and means that a full judicial review will not be required.

“CVSH will be entitled to have the permit redetermined which will allow reconsideration of the application.”

Calderdale had said last April that it would contest a challenge to the permit for an incinerator in Sowerby Bridge, which was initially refused by the council.

This decision was overturned in February 2020 on appeal to the Planning Inspectorate and Calderdale then issued the environmental permit.

That though was quashed following the judicial review proceedings brought by local objector Malcolm Powell.

CVSH made a fresh environmental permit application in January 2024, which was determined under delegated powers.

Mr Powell’s pre-action protocol letter had stated two grounds.These were that Calderdale failed to give adequate and intelligible reasons for its decision and failed to reach a conclusion on many of the issues raised.

Mark Smulian