A legal challenge to the Allerton Waste Recovery Park (AWRP) in North Yorkshire has been quashed after a judge ruled that the county council had been right to grant planning permission.
A campaigning group, North Yorkshire Waste Action Group (NYWAG), and Marton-cum-Grafton parish council asked for a judicial review when North Yorkshire County Council backed an application from AmeyCespa for the energy-from-waste plant at Allerton Park.
The opponents’ case was heard by Judge Gosnell in Leeds on 30-31 July who backed the county council in a judgment published on Friday (9 August).
Gareth Dadd, executive member for highways and planning services, said the planning process had been vindicated by the judge in deciding the Planning and Regulatory Functions Committee was right to grant planning permission for the development.
“The technologies included in the AWRP development will enable us to move away from landfilling our waste to a sustainable long term solution which generates green electricity,” he added.
A statement from Marton-cum-Grafton Parish Council and NYWAG said they would be taking advice as to whether they could take further legal steps.
It said that they would continue “to back the Government’s view that the scheme is unnecessary and should not receive Private Finance Initiative (PFI) support as it does not represent value-for-money.”
It added that they will continue to pursue through the European Commission their belief that “illegal” state subsidies underpin the scheme, whether or not the scheme receives PFI funding.
NYWAG argues the scheme will cause environmental damage as well as harming the wider economy and discouraging recycling.
The development is part of a 25-year contract between NYCC, City of York Council and AmeyCespa and has been on hold since 2005 due to funding and legal issues.