Campaign group PlymWIN have won a judicial review on Plymouth City Council’s (PCC) decision to grant planning permission to MVV Environment Devonport to build an energy from waste plant in the city.
PlymWIN’s application accuses PCC of illegally granting planning permission to energy from waste plant operators MVV Environment Devonport and after months of legal wrangling, the issue will be settled in one day at the Crown Court.
PlymWIN spokesperson Lynne Hayden said: “PlymWIN will be represented by its barrister David Wolfe from Matrix Chambers as well as Leigh Day. We are confident we will win.”
The court appearance will be a rolled up so that the application for a judicial review and the actual judicial review are heard at the same time. Legal issues will then be settled before MVV starts work on the site.
Lynne Hayden added: “In order to save time and costs, rather than apply for a judicial review with evidence and then months later give the same evidence again at the hearing, both have been rolled up.”
Since the Chelson Meadow landfill site closed in 2007, Plymouth has been sending its rubbish to Lean Quarry near Liskeard. The suggested energy from waste plant will run 24 hours a day every day and will handle rubbish from Plymouth, Torbay and south Devon.
A PCC spokesperson said: “A hearing will take place on 31 May which will deal with whether permission should be granted for the judicial review and will also consider the main arguments at the same time.
“Plymouth City Council is a party to the proceedings and will be represented at the hearing.”
PlymWIN’s initial application to the High Court in London for a judicial review failed last month. It is also facing a battle over plans to recycle ash from the energy from waste plant at Whitecleave Quarry at Buckfastleigh 20 miles from Plymouth.
MVV also lost a planning application to Devon County Council for the quarry recycling plant last month but is expected to lodge an appeal.