The Cardiff Against the Incinerator (CATI) campaign group has been granted a judicial review, in which concerns over the safety of the plant in the city’s Trident Park, near Splott, will be heard ‘in full’.

The case centres around an energy-from-waste (EfW) incineration project, led by waste and recycling company Viridor, which forms part of Prosiect Gwyrdd’s plans to manage local refuse.

The five councils involved in the project – Caerphilly, Cardiff, Monmouthshire, Newport and the Vale of Glamorgan – awarded Viridor with the project after it secured over £105 million of funding from the Welsh Government, amounting to £4.2 million of funding for each year of the 25-year contract.

However, CATI claimed that Viridor had started building the incinerator before ‘strict’ planning conditions had been met. These concerns were voiced to Cardiff City Council, but the council decided not to enforce the planning consent conditions.

At a hearing at High Court last month, the court heard that council published a consultation notice concerning the required approvals on 19 July 2012 and, the following day, Viridor began works on the site.

Judge Patrick Curran QC said the action was "on any view a premature move" and has ordered an ‘expedited’ hearing of the case, to settle the matter.

Curran added: “The actions of Viridor in the first place in proceeding to begin works prematurely, as they did, and of the council in protesting only after being prompted by CATI, and then effectively condoning such conduct in the ways in which it subsequently dealt with matters, might conceivably raise matters of legitimate concern amongst those opposed to the development…over the procedural propriety of what occurred.”

Planning permission process ‘an undemocratic shambles’

CATI’s chair Robert Griffiths has accused the council of undermining the law, saying: “The whole planning permission process has been an undemocratic shambles. The wishes of local people and businesses have been ignored and councillors have tied themselves in knots as officials have tried to steamroller Viridor's scheme through the council.

“We are confident that local residents and businesses will respond generously to our appeal, knowing that an incinerator presents major health, safety and environmental hazards.”

CATI has also voiced disappointment with the council’s decision to retrospectively approve the works already carried out, arguing that as work began before the necessary permits were in place, the site should be restored to its previous condition.

Environmental law firm Buxton’s of Cambridge has now submitted fresh applications to stop building work on the site, on behalf of local residents, who will need to raise £3,000 towards the costs of the review.

Project details

According to Viridor, the incineration facility will burn around 172,00 tonnes of the partnership’s non-recyclable waste a year, producing enough energy to power around 50,000 homes. The facility will have a total capacity to process around 350,000 tonnes per year and produce 30 megawatts of electricity.

Viridor’s Trident Park facility is hoped to help the government achieve its target of sending zero waste to landfill by 2025, in line with its ‘Towards Zero Waste’ strategy and save the five councils £500 million over the next 25 years (compared to current landfill operations).

Speaking at the time of the funding announcement, Alun Davies, Wales’s Minister for Natural resources, commented: “At a time when councils across Wales are facing an unprecedentedly difficult financial climate and working to improve services with reduced resources, this facility will help councils in South East Wales save money, which can instead be spent on our schools, libraries and roads. Sending waste to landfill is literally throwing our money away.”

However, CATI has argued against the plans, saying that the incinerator could affect human health as it is in close proximation to homes and workplaces, and is not environmentally friendly. Griffiths has also dismissed recent claims that the scheme could bring ‘extensive and cheap’ piped hot water to the city as ‘a pipe dream full of hot air’, asserting that similar pledges have ‘rarely materialised’ in relation to other UK incinerators.

Viridor ‘remains fully confident’

Speaking on the news of the judicial review, Dan Cooke, Director of External Affairs at Viridor, said: “Viridor is aware of the decision and notes the Judge said one ground was unarguable, and that he had considerable reservations on the other three grounds. The Judge also refused to allow the claimant to require the council to issue an enforcement notice.

“As such Viridor remains fully confident in the planning position and consent for Trident Park EfW. We look forward to the outcome of the full hearing in due course. In the meantime construction progresses at the site, bringing jobs and economic benefits to Splott and Cardiff, and will deliver an essential service for households and businesses in SE Wales when operational.”

He noted that the High Court judge ‘did not order an emergency hearing’.

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