A borough council has lost its bid to bring legal proceedings against a controversial EfW incinerator project in Norfolk.
A High Court judge told King’s Lynn and West Norfolk Council its bid for a Judicial Review into the Government award of waste infrastructure credits had “no arguable case on irrationality or illegality”.
He said: “The claimant’s case goes essentially to the merits of the decision which was reached after a long and detailed consideration of all relevant factors.”
The council claimed environment secretary Caroline Spelman had not given proper consideration to local opposition when she awarded the project £91m of government infrastructure credits.
The council said there was not the “broad consensus” of support required by law for credits to be issued.
The Cory Wheelabrator scheme could still face further hurdles after communities secretary Eric Pickles revealed last month he was considering calling it in for review under his planning powers.
Bill Borrett, cabinet member for environment at Norfolk County Council, said: “Our case has been the subject of intense scrutiny over many months.
“There remain a number of crucially important hurdles to overcome, but this is another step forward for a project which will save Norfolk council taxpayers £8m a year - compared with the cost of using landfill to dispose of the same amount of waste.”