Council was right to grant planning permission for Madley plant

Herefordshire Council was right to grant planning permission for an innovative waste treatment and recycling plant in Madley according to a judicial review, which took place today (Friday 9 November 2007) in the Royal Courts of Justice in London.

Mr Justice Simon ruled that there 'was no factual or other basis for concluding that the council had acted improperly' and awarded costs to the council.

The council originally granted planning permission in March 2004. Herefordshire Waste Watchers, a local pressure group, started proceedings to judicially review and quash the decision, and the claim was lodged in February 2007 by Public Interest Lawyers acting on their behalf. Permission for the application for the judicial review was, however, refused by the High Court in May. Waste Watchers sought a further review of that decision, which was heard today at the Strand courtrooms.

Waste Watchers had claimed that the council had neglected to give full consideration of alternative sites and all the environmental issues and argued there was insufficient consideration of the emissions from a chimneystack at the proposed plant. But it was found that the council had given full and proper consideration to alternative sites and the chimneystack is one for a gas boiler, performing a similar function to an ordinary domestic gas boiler flue.

"We were confident at the time that a full and thorough enquiry into the planning merits, siting and environmental impact was carried out in order to inform a final decision on the planning application for the waste plant. We also imposed planning conditions to minimise any damage to the environment and protect the amenity of local residents", said Kevin O'Keefe, the council's legal practice manager.

"We are pleased that the judge agreed that the council had acted properly".