London’s Royal Court of Justice yesterday (29 April) dismissed two judicial review applications challenging Buckinghamshire County Council’s decision to grant planning permission to an energy or waste (EfW) incinerator at Greatmoor, near Aylesbury.

According to Landmark Chambers, the chambers representing the county council and waste management company responsible for the facility, FCC Environment, Kenneth Kolb and Christopher Prideaux brought the judicial reviews forward to challenge the council’s alleged failure to consider properly the impact of the proposals on a ‘number of protected species pursuant to the Habitats Regulations’, to ‘apply National Planning Policy correctly’ and to ‘properly consider flood risk issues’.

Judgements

Judge Lindblom dismissed Kolb’s application because his case was “not properly arguable” and was also submitted two weeks after the permitted three-month appeal deadline, while Prideaux’s case was dismissed “on the merits”.

Passing judgement on Kolb’s application, Judge Lindblom said: “The complaints procedure was not a potential source of the remedy the claimant has sought in these proceedings. What he is asking for in his claim for judicial review is an order to quash the planning permission. The complaints procedure was never going to achieve that. The claimant could and should have lodged his claim much sooner than he did, even though his complaint was still with the county council.

“Ignorance of the time limit is no excuse. Nor is the fact that another claim for judicial review had been made, in which the same planning permission was impugned. Even if there were no question of any prejudice either to FCC or to the county council, I would regard the claim as having been brought too late. And I see no good reason for extending time.”

Reportedly, Kolb said he was ‘unaware’ there was a three month limit in which to apply from the date planning permission is granted.

In regards to Prideaux’s claims, Judge Lindblom found that the council had “discharged its duty… with no less rigour than was required’ and “did at least as much as it had to do to satisfy itself that the necessary derogations were not unlikely to be licensed”.

Further, he found that the ground of challenge was “really an attack on the expert judgment of Natural England and the corresponding views of the county council’s own ecological expert, the planning officers, and, ultimately, the members as well”.

The Judge concluded: “Terse as they are, the summary reasons given for the grant are also lawful. Elaborate reasons are not required. Brevity is usually a virtue, so long as the essential rationale of the decision is apparent. Here it is.”

Neither party has asked the court for permission to appeal the decision.

Judgement ‘welcomed’

Steven Adams, Cabinet Member for Environment at Buckinghamshire County Council welcomed the judgement, saying: ”The Buckinghamshire EfW partnership between the county council and FCC Environment is an initiative that will save the tax payer more than £150 million and create local jobs whilst protecting our beautiful landscape from further damaging landfill.

"I understand that the small number of objectors have strong feelings, but this is a project that has excellent aims and thorough processes that have been exceptionally well pursued and executed by a strong team. Today's judgement supports that."

FCC Environment has not yet issued a statement.

Project History

The Greatmoor EfW 30-year contract was signed by Buckinghamshire County Council and FCC Environment in April this year in the hopes of helping Buckinghamshire reach its target to increase recycling rates from 45 per cent to 60 per cent by 2020.

The County Council named FCC Environment as its preferred bidder for the residual waste treatment contract in 2011, and the Cabinet awarded the £275 million contract in July 2012.

Buckinghamshire County Council said the facility is expected to process ‘300,000 tonnes of residual waste each year and generate 22 megawatts of electricity – equivalent to the energy required to power up to 36,000 homes’.

According to FCC Environment, the UK arm of Spanish parent company FCC, funding for the project comes from ‘construction-only finance and prudential borrowing’.

Construction is anticipated to start later in 2013 and will create 300 temporary jobs, with 64 permanent jobs being made available at the facility once operational. A further 31 jobs will open in the supply chain.

Read more about FCC’s Greatmoor EfW plant.