Courts quash appeal against waste plant decision

Herefordshire Council has won another legal victory following the granting of planning permission for an innovative waste treatment and recycling plant in Madley. Herefordshire Waste Watchers, a local pressure group, took further court action in January to appeal against the ruling of a judicial review in favour of the council, which took place in November last year in the Royal Courts of Justice in London.

This week (4 February 2008), the council received an order from the court of appeal, made by Lord Justice Dyson, which confirmed that the Herefordshire Waste Watchers' appeal had been refused.

The move upholds the ruling of the judicial review that there 'was no factual or other basis for concluding that the council had acted improperly'. Costs were then awarded to the council.

The council originally granted planning permission in March 2004 and Herefordshire Waste Watchers started proceedings to judicially review and quash the decision. That 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 in November 2007 at the Strand courtrooms.

"The council is pleased that again its original decision has been upheld", said Kevin O'Keefe, the council's legal practice manager.

"We have always maintained that we gave full consideration of alternative sites to the application for a waste treatment facility and assessed thoroughly the environmental issues and impact. We also imposed planning conditions to minimise any damage to the environment and protect the amenity of local residents".