Protesters in legal challenge to burner

2:58pm Thursday 17th July 2008

By Simon Barrett

A legal bid to stop the Newhaven incinerator being built is to be heard in the High Court.

The controversial facility, designed to turn rubbish into electricity, caused outrage among residents, who have complained about pollution and health risks.

Opponents are seeking a judicial review of the planning process that led to the scheme being approved.

The High Court has now granted an urgent hearing for the case filed by Lewes District Friends of the Earth, which will be heard on Monday.

Campaigners say the planning committee that considered the proposal for the incinerator ignored long-term regional recycling targets.

The incinerator is planned for North Quay as part of a joint contract between East Sussex County Council, Brighton and Hove City Council and the waste management company Veolia Environmental Services.

Phil Michaels, solicitor for Friends of the Earth, said: “We’re really pleased this hugely important case is being heard urgently by the High Court. Building the Newhaven incinerator is at complete odds with the region’s long-term recycling targets and will result in waste being burnt that should be recycled.”

Last year, The Argus told the projected cost of the scheme had doubled to £14.5 million. Brighton and Hove City Council and East Sussex County Council have spent almost £2 million between them in legal fees to get the scheme off the ground.

The county council received more than 15,000 letters of objection to the plans. Alison Walters, spokeswoman for Lewes District Friends of the Earth, said: “Local people don’t want this blight on the environment to be built in our back yard. Incineration wastes valuable resources that could be recycled or composted and contributes to climate change through greenhouse gas emissions.

“We hope the High Court quashes planning permission for the incinerator and East Sussex and Brighton and Hove councils focus their efforts on reducing, recycling and composting waste instead.”

Both the councils recycle less than 30% of their household waste and both have a regional target to recycle 60% by 2025.

There was more anger last month when it was revealed Veolia had begun working at the site even though the final legal decision on the judicial review had not been made.

But a spokesman for East Sussex County Council said the facility had “valid planning permission”. He added: “While there is an application under way seeking permission for judicial review of that planning process which challenges its validity, it does not render the planning permission invalid.”

Incineration: environmental vandalism or the best way to reduce landfill? Join the debate below.

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