A Judicial Review into the MVV Devonport energy from waste facility has been dismissed by the judge.
However, the PlymWIN campaign group has lodged an appeal into the decision.
A hearing took place on 31 May into whether a Judicial Review should take place. If the judge decided that it should, then the Judicial Review would have begun immediately. However, the judge refused to consider the matter as he said there was no case to answer.
The PlymWIN campaign group then had seven days to appeal and it exercised this right to take the matter to the appeal court.
MVV Environment managing director Paul Carey told Waste to Energy: “We have to now go through this whole process again. We have asked the High Court if we can get this done as quickly as possible so that we can get on with the job. It has been very frustrating.”
However, he added that unless the protesters are able to gain an injunction, they are carrying on with the project on the Devonport naval base. Initially, this involves building a fence on the south side of the site to maintain the security of the base. Although the energy from waste facility will be on land belonging to the Ministry of Defence, it will not be within the security zone of the naval base. An access road is also being built to the plant.