High Court grants permission for judicial review of South London incinerator plans

Croydon Guardian: An artists impression of the incinerator by night An artists impression of the incinerator by night

A High Court judge has granted permission for a judicial review of plans to build a waste incinerator in Beddington. 

Mr Justice Collins today ruled Green Party campaigner Shasha Khan could proceed with a legal challenge to Sutton Council's decision to give planning permission for the plant, which would burn 275,000 tonnes of rubbish a year. 

Mr Khan, of Croydon, will argue Sutton Council was influenced by its contract with waste disposal firm Viridor, developers of the incinerator, and applied incorrect planning policy.

Sutton, Merton, Kingston and Croydon councils jointly agreed a contract in 2012 with Viridor to build the incinerator, which would burn wasted from the four boroughs to create energy and heat for nearby homes.

Campaigners have protested against the plans amid fears they will cause harmful pollution both from the plant's chimney and traffic to the plant, but the Environment Agency has said emission levels would be safe.

Croydon Guardian:

Mr Khan after submitting the judicial review application at the Royal Courts of Justice

Mr Justice Collins granted permission for a judicial review on the grounds of a possible conflict of interest in Sutton Council considering the planning application when it had signed the contract with Viridor.

Councillors granted planning permission for the plant last year.

The judicial review is expected to be heard in court in October.

Mr Khan, who is liable for costs of £35,000 if the bid fails, said: "In World Cup speak, a tricky qualification has been achieved and now we all look forward to the finals. 

"I am so grateful for the hundreds of small donations to finance this case from members of the public like me who want parks for their kids, not waste incinerators."

His legal team includes Sue Willman and Charlie Dobson, of London legal firm Deighton Pierce Glynn, and barrister Justine Thornton,  Ed Miliband's wife.

Ms Willman said: "Despite powerful opposition by council and developers, a senior planning court judge has recognised the strength of the case not to grant planning permission to burn waste on a site which is a haven for wildlife and migrating birds."

A spokesoman for Sutton Council said: "The judicial review will look at whether the planning process for the energy recovery facility has been followed correctly.

"We believe it has and that our decision is sound. We welcome the court’s decision to expedite the judicial review so it will be heard as soon as possible."

Comments (14)

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2:45pm Mon 16 Jun 14

Niki R says...

Excelllent news. Let's hope a full review uncovers any and all the dirty deeds done to force this through.
Excelllent news. Let's hope a full review uncovers any and all the dirty deeds done to force this through. Niki R
  • Score: 28

3:17pm Mon 16 Jun 14

Rael00 says...

Maybe, just maybe, common sense will finally prevail. Nobody in their right mind would want to build a waste incinerator, belching Nitrogen Dioxide and dioxins over north Croydon 24 hours a day for 25 years. Similar plans have been reversed in Norfolk (Kings Lynn) and Edmonton, north London. There is no excuse for the South London Waste Partnership, which now includes anti-incinerator campaigning councils Croydon and Kingston, not to revisit the waste problems of south west London and conclude a far better solution for us all.

Please continue to help fund the legal challenge by donating at www.StopTheIncinerat
or.co.uk.
Maybe, just maybe, common sense will finally prevail. Nobody in their right mind would want to build a waste incinerator, belching Nitrogen Dioxide and dioxins over north Croydon 24 hours a day for 25 years. Similar plans have been reversed in Norfolk (Kings Lynn) and Edmonton, north London. There is no excuse for the South London Waste Partnership, which now includes anti-incinerator campaigning councils Croydon and Kingston, not to revisit the waste problems of south west London and conclude a far better solution for us all. Please continue to help fund the legal challenge by donating at www.StopTheIncinerat or.co.uk. Rael00
  • Score: 25

3:18pm Mon 16 Jun 14

davepettener says...

This is great news. Let's hope common sense prevails.
This is great news. Let's hope common sense prevails. davepettener
  • Score: 14

3:45pm Mon 16 Jun 14

SteveC1964 says...

Rael00 wrote:
Maybe, just maybe, common sense will finally prevail. Nobody in their right mind would want to build a waste incinerator, belching Nitrogen Dioxide and dioxins over north Croydon 24 hours a day for 25 years. Similar plans have been reversed in Norfolk (Kings Lynn) and Edmonton, north London. There is no excuse for the South London Waste Partnership, which now includes anti-incinerator campaigning councils Croydon and Kingston, not to revisit the waste problems of south west London and conclude a far better solution for us all.

Please continue to help fund the legal challenge by donating at www.StopTheIncinerat

or.co.uk.
Since when was Kingston (now Conservative controlled) "anti-incinerator"??
? ! Previous Kingson Conservative councillors and candidates have been positively hostile to recycling , which leaves incineration and waste reduction as the alternatives. They'd much rather have an incinerator in Sutton than in Kingston.
[quote][p][bold]Rael00[/bold] wrote: Maybe, just maybe, common sense will finally prevail. Nobody in their right mind would want to build a waste incinerator, belching Nitrogen Dioxide and dioxins over north Croydon 24 hours a day for 25 years. Similar plans have been reversed in Norfolk (Kings Lynn) and Edmonton, north London. There is no excuse for the South London Waste Partnership, which now includes anti-incinerator campaigning councils Croydon and Kingston, not to revisit the waste problems of south west London and conclude a far better solution for us all. Please continue to help fund the legal challenge by donating at www.StopTheIncinerat or.co.uk.[/p][/quote]Since when was Kingston (now Conservative controlled) "anti-incinerator"?? ? ! Previous Kingson Conservative councillors and candidates have been positively hostile to recycling , which leaves incineration and waste reduction as the alternatives. They'd much rather have an incinerator in Sutton than in Kingston. SteveC1964
  • Score: 11

5:25pm Mon 16 Jun 14

David7 says...

Good. Sutton Council have history on granting planning permission after agreeing contracts. Sutton Life Centre?
Good. Sutton Council have history on granting planning permission after agreeing contracts. Sutton Life Centre? David7
  • Score: 20

6:13pm Mon 16 Jun 14

labyrinth says...

SteveC1964 wrote:
Rael00 wrote:
Maybe, just maybe, common sense will finally prevail. Nobody in their right mind would want to build a waste incinerator, belching Nitrogen Dioxide and dioxins over north Croydon 24 hours a day for 25 years. Similar plans have been reversed in Norfolk (Kings Lynn) and Edmonton, north London. There is no excuse for the South London Waste Partnership, which now includes anti-incinerator campaigning councils Croydon and Kingston, not to revisit the waste problems of south west London and conclude a far better solution for us all.

Please continue to help fund the legal challenge by donating at www.StopTheIncinerat


or.co.uk.
Since when was Kingston (now Conservative controlled) "anti-incinerat
or"??
? ! Previous Kingson Conservative councillors and candidates have been positively hostile to recycling , which leaves incineration and waste reduction as the alternatives. They'd much rather have an incinerator in Sutton than in Kingston.
Kingston is only anti-incinerator as it applies to that borough! As with all the other boroughs who will be bringing their waste to Sutton (Richmond etc) residents there were asked if they wanted it - naturally, they all said NO WAY! Not in our back yard! But hey - - YES TO SUTTON! By all means,build it in Sutton!

In contrast, Sutton residents were given a questionnaire which did not ask 'Do you want an incinerator?' but 'Can we use landfill indefinitely?' And no consideration was given to the extra volume of traffic - massive trucks bringing in waste from all over!
[quote][p][bold]SteveC1964[/bold] wrote: [quote][p][bold]Rael00[/bold] wrote: Maybe, just maybe, common sense will finally prevail. Nobody in their right mind would want to build a waste incinerator, belching Nitrogen Dioxide and dioxins over north Croydon 24 hours a day for 25 years. Similar plans have been reversed in Norfolk (Kings Lynn) and Edmonton, north London. There is no excuse for the South London Waste Partnership, which now includes anti-incinerator campaigning councils Croydon and Kingston, not to revisit the waste problems of south west London and conclude a far better solution for us all. Please continue to help fund the legal challenge by donating at www.StopTheIncinerat or.co.uk.[/p][/quote]Since when was Kingston (now Conservative controlled) "anti-incinerat or"?? ? ! Previous Kingson Conservative councillors and candidates have been positively hostile to recycling , which leaves incineration and waste reduction as the alternatives. They'd much rather have an incinerator in Sutton than in Kingston.[/p][/quote]Kingston is only anti-incinerator as it applies to that borough! As with all the other boroughs who will be bringing their waste to Sutton (Richmond etc) residents there were asked if they wanted it - naturally, they all said NO WAY! Not in our back yard! But hey - - YES TO SUTTON! By all means,build it in Sutton! In contrast, Sutton residents were given a questionnaire which did not ask 'Do you want an incinerator?' but 'Can we use landfill indefinitely?' And no consideration was given to the extra volume of traffic - massive trucks bringing in waste from all over! labyrinth
  • Score: 19

6:17pm Mon 16 Jun 14

labyrinth says...

It is to be hoped that this decision will alert more people to what would happen with this incinerator. I have talked to people in Cheam who say things like 'It won't affect us.' Oh yes, it will - when those massive lorries come along bringing all the waste from all the other boroughs, where do you think they are going to cut along? Not every road in Cheam is private!

Those who don't think this incinerator matters much, should try this slogan for size - SUTTON - THE BOROUGH WHERE ALL THE OTHERS SEND THEIR RUBBISH. Like it? thought not.
It is to be hoped that this decision will alert more people to what would happen with this incinerator. I have talked to people in Cheam who say things like 'It won't affect us.' Oh yes, it will - when those massive lorries come along bringing all the waste from all the other boroughs, where do you think they are going to cut along? Not every road in Cheam is private! Those who don't think this incinerator matters much, should try this slogan for size - SUTTON - THE BOROUGH WHERE ALL THE OTHERS SEND THEIR RUBBISH. Like it? thought not. labyrinth
  • Score: 16

9:45pm Mon 16 Jun 14

slightspirit says...

I don't live in Sutton, I live in Woodmansterne which is just over the border. We will be affected by the outfall from the chimney when the wind blows in our direction. my Granddaughter goes to school in Beddington, right underneath the proposed chimney ... this proposal is totally ill thought out and irresponsible!.
I don't live in Sutton, I live in Woodmansterne which is just over the border. We will be affected by the outfall from the chimney when the wind blows in our direction. my Granddaughter goes to school in Beddington, right underneath the proposed chimney ... this proposal is totally ill thought out and irresponsible!. slightspirit
  • Score: 15

8:20am Tue 17 Jun 14

tjames says...

well done even if you are a green
well done even if you are a green tjames
  • Score: -2

1:28pm Tue 17 Jun 14

Mr Strings says...

Good news! Thank you Mr Khan.
Good news! Thank you Mr Khan. Mr Strings
  • Score: 4

3:00pm Tue 17 Jun 14

treblegold says...

This is, of course, good news. The really puzzling point, however, is that so many people in Sutton appear to have endorsed the council's decision by re-electing the Liberal Democrats, who received 43% of the votes. Even in Beddington, where you would expect the residents to want to punish the council, the Liberal Democrats received 42% of the votes (3637) in Beddington North, and 39% of the votes (3276) in Beddington South. What can people have been thinking?
This is, of course, good news. The really puzzling point, however, is that so many people in Sutton appear to have endorsed the council's decision by re-electing the Liberal Democrats, who received 43% of the votes. Even in Beddington, where you would expect the residents to want to punish the council, the Liberal Democrats received 42% of the votes (3637) in Beddington North, and 39% of the votes (3276) in Beddington South. What can people have been thinking? treblegold
  • Score: 4

4:38pm Tue 17 Jun 14

Niki R says...

treblegold wrote:
This is, of course, good news. The really puzzling point, however, is that so many people in Sutton appear to have endorsed the council's decision by re-electing the Liberal Democrats, who received 43% of the votes. Even in Beddington, where you would expect the residents to want to punish the council, the Liberal Democrats received 42% of the votes (3637) in Beddington North, and 39% of the votes (3276) in Beddington South. What can people have been thinking?
However, only 16% of those registered to vote backed them, meaning much support that would have seen them removed from office didn't go to the polls. This is what happens when you don't vote, kids...
[quote][p][bold]treblegold[/bold] wrote: This is, of course, good news. The really puzzling point, however, is that so many people in Sutton appear to have endorsed the council's decision by re-electing the Liberal Democrats, who received 43% of the votes. Even in Beddington, where you would expect the residents to want to punish the council, the Liberal Democrats received 42% of the votes (3637) in Beddington North, and 39% of the votes (3276) in Beddington South. What can people have been thinking?[/p][/quote]However, only 16% of those registered to vote backed them, meaning much support that would have seen them removed from office didn't go to the polls. This is what happens when you don't vote, kids... Niki R
  • Score: 4

6:59pm Tue 17 Jun 14

smogbad says...

Written Evidence to Parliamentary Committee,published last week.Its not just about the birds:
http://data.parliame
nt.uk/writtenevidenc
e/committeeevidence.
svc/evidencedocument
/environmental-audit
-committee/action-on
-air-quality/written
/9765.html
Written Evidence to Parliamentary Committee,published last week.Its not just about the birds: http://data.parliame nt.uk/writtenevidenc e/committeeevidence. svc/evidencedocument /environmental-audit -committee/action-on -air-quality/written /9765.html smogbad
  • Score: 4

9:11pm Tue 17 Jun 14

Michael Pantlin says...

treblegold wrote:
This is, of course, good news. The really puzzling point, however, is that so many people in Sutton appear to have endorsed the council's decision by re-electing the Liberal Democrats, who received 43% of the votes. Even in Beddington, where you would expect the residents to want to punish the council, the Liberal Democrats received 42% of the votes (3637) in Beddington North, and 39% of the votes (3276) in Beddington South. What can people have been thinking?
Yes treblegold, Sutton as the last LibDemon London stronghold (MEPs excepted) seems a baffling phenomenum and perhaps a worthy question to be entered for the Longitude 2014 Prize Competition to seek and answer.
[quote][p][bold]treblegold[/bold] wrote: This is, of course, good news. The really puzzling point, however, is that so many people in Sutton appear to have endorsed the council's decision by re-electing the Liberal Democrats, who received 43% of the votes. Even in Beddington, where you would expect the residents to want to punish the council, the Liberal Democrats received 42% of the votes (3637) in Beddington North, and 39% of the votes (3276) in Beddington South. What can people have been thinking?[/p][/quote]Yes treblegold, Sutton as the last LibDemon London stronghold (MEPs excepted) seems a baffling phenomenum and perhaps a worthy question to be entered for the Longitude 2014 Prize Competition to seek and answer. Michael Pantlin
  • Score: 2

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