Court of Appeal rejects challenge to incinerator planning permission

In Stop Portland Waste Incinerator v Secretary of State for Housing, Communities and Local Government & Ors [2025], Lord Justice Holgate, Lord Justice Nugee and Lord Justice Moylan dismissed a claim that Angela Rayner, the then Secretary of State, failed to comply with her statutory duty to give reasons for her decision on the planning appeal, in relation to part of policy 4(c) of the Bournemouth, Christchurch, Poole and Dorset Waste Plan 2019.

Plans for the incinerator were initially turned down by the council over concerns about the possibility of damage to the region’s heritage landscape, as well as a lack of compliance with local waste plans.

In September 2024, developer Powerfuel Portland appealed to the government over the council’s refusal of planning permission.

A government planning inspector conducted an inquiry and advised that the development would have “limited harm” to the heritage landscape, and recommended that permission should be granted. This recommendation was accepted by the Secretary of State.

Dismissing the appeal, Lord Justice Holgate found that the Inspector and Secretary of State gave “adequate, indeed ample”, reasons for the decision to grant planning permission and “specifically in relation to the issues concerning Policy 4(c), the Spatial Strategy and the proximity principle”.

He said: “As would be expected, […] they understood and applied the policies with realism and common sense. The appellant's suggestion that opponents of the development do not know why they failed on those matters, or the implications of the decision for future planning applications is untenable.”

Lord Justice Nugee and Lord Justice Moylan agreed.