Judicial Review Pursued Over Calderdale Incinerator Decision

Legal action challenges Calderdale Council’s permit for a waste incinerator in Sowerby Bridge, citing health risks.

Judicial Review Pursued Over Calderdale Incinerator Decision
Judicial Review Pursued Over Calderdale Incinerator Decision

Malcolm Powell is challenging Calderdale Council in court. He is upset about a permit for a waste incinerator for Calder Valley Skip Hire in Sowerby Bridge. The incinerator would operate at their Belmont site, and he wants the court to cancel the permit.

The council does not plan to cancel it. A senior councillor confirmed this decision recently. A group called Belmont opposes the incinerator, and they need more money to proceed with the case. They support those worried about the plant’s impact.

Malcolm Powell started a fundraising page where people can donate to support the legal action. The page address is www.justgiving.com/crowdfunding/malcolmscott-powell. Calderdale Council approved the permit last November, allowing the company to operate the incinerator.

The permit application has a long history. Calderdale Council initially denied planning permission; however, the company appealed and won. They then needed an environmental permit too. Objectors challenged the first permit in court back in 2021.

That first permit was cancelled by the court, and the permit’s status then became “undetermined.” The company appealed this non-determination decision, but an inspector dismissed their appeal due to health risks. They can still apply again; the council granted this second application last year.

Mr. Powell is now challenging the permit again using the same legal process. He seeks a Judicial Review on the newer 2021 permit. People raised concerns at council meetings, and both objectors and councillors brought up issues. They even lobbied councillors at a recent meeting.

Clive Wilkinson asked a question during the public session, inquiring if the council would cancel the permit to save costs from a Judicial Review, as a previous review had already been lost. Wilkinson also wanted to know the potential cost if they lose again.

Councillor Danielle Durrans responded to Wilkinson’s question, stating that officers believe it meets legal requirements and they will not cancel the environmental permit. The council will respond to the legal challenge; however, the exact cost remains unknown.

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