Council warns of "financially disastrous" delays as judge halts incinerator scheme
A High Court judge has quashed the Communities Secretary’s decision to grant planning permission for a £117m waste incinerator project in Cornwall.
The local authority, Cornwall Council, warned that further delays to the Cornwall Energy Recovery Centre could prove “financially disastrous”.
Mr Justice Collins concluded that there had been a failure to consider properly whether there needed to be a special assessment under the EU Habitats Directive.
He said: “The problem that faces me is that the Habitats Directive and regulations are the law and must be obeyed."
However, the judge did grant the Treasury Solicitor, acting on Eric Pickles’ behalf, leave to appeal.
Cornwall had originally refused planning permission for the scheme, but the Communities Secretary overturned that decision after waste company SITA appealed.
The CERC is intended to treat the whole of the county’s residual household waste for a 25-year period.
Cornwall Council described the High Court judgment as “extremely disappointing”, and estimated that delays to the centre could cost the authority around £1m in landfill tax and haulage costs.
In a statement the council said: “The decision by the Secretary of State to grant permission for the CERC was taken after considering the findings of a comprehensive planning process, including a robust public inquiry, and the subsequent report from the Planning Inspector.”
Cornwall said it would be pressing for an early resolution of the dispute.
A delay of up to six months could cost at least £6m, it claimed – the equivalent of a 5% increase in council tax or of “providing 400,000 hours of care for vulnerable people living at home, funding all the council’s community leisure facilities, keeping the streets of Cornwall clean for twelve months or repairing potholes and treating roads during the coming winter months.”
The local authority said it would meet with SITA to identify interim measures to reduce costs and services throughout the county.
