Judge rejects JR application brought by council over incinerator

A High Court judge has decided not to grant Fenland District Council permission for a judicial review into the decision to award development consent for a proposed incinerator in Wisbech, Cambridgeshire.

The council said it is “extremely disappointed” in the decision and is taking further legal advice as to “potential next steps”.

The proposed energy from waste facility was given the go ahead by the Secretary of State for Energy Security and Net Zero, Claire Coutinho MP, in February.

However, some locals have expressed concern that it would cause pollution and that the proposed site is “unsuitable”.

Following a unanimous vote at a meeting of Fenland's full council on February 26, the council sought expert legal advice over the possibility of seeking judicial review.

However, a High Court judge decided not to grant the council permission for a hearing.

The council said: “Fenland District Council is extremely disappointed with the decision to refuse our application for judicial review on the Medworth Energy from Waste development.

“Given the judge's recognition that there were several deficiencies in the Secretary of State's decision to approve the incinerator, the Council was clearly justified in pursuing an application for judicial review.”

Ginny Bucknor from the Wisbech without incineration campaign group said on Facebook: “A judge has not supported Fenland’s request for a Judicial Review. However I have always believed we have one last chance.

“If we have a Labour [Government] after tomorrow’s General Election, we will seek to meet with the new Secretary of State and call for a moratorium on all incinerators until a review has been held to consider whether we already have over capacity - as promised by the previous Government and not undertaken.”

In May, the Environment Agency granted a permit to MVV Environment for the incinerator.

The Environment Agency said it does not comment on legal proceedings.

Lottie WInson