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Legal Challenge to North Yorkshire's Planned Allerton Park Incinerator


2:26pm 28th March 2013
(Updated 1:26pm 29th March 2013)

Legal papers will be submitted on April 2 seeking permission for a Judicial Review of North Yorkshire County Council’s decision to approve planning permission for a massive waste incinerator at Allerton Park near Knaresborough.

The move follows Marton-cum-Grafton Parish Council deciding last night to take the lead on Judicial Review. Parish Councillors voted unanimously to back legal action. Marton-cum-Grafton is one of many local parish councils and other opponents of the scheme that have been battling the plans since 2008.

Parish Councillors heard that the barrister reviewing the planning application believes opponents have a ‘strong case’.

Funds have already been raised by Marton-cum-Grafton, other local parishes and North Yorkshire Waste Action Group to meet the cost of seeking permission for Judicial Review and opponents are confident the required funds to take the case through to a conclusion will be raised.

A spokesman for North Yorkshire Waste Action Group said: “Local people are really determined to fight this plan. The Government’s decision to withdraw Private Finance Initiative funding because they agreed the scheme is completely unnecessary was a great boost to the campaign. But it is vitally important to try to over-turn the planning permission because – if alternative funding can be identified – the scheme could still go ahead.”

The decision over whether to allow a Judicial Review is not likely for several weeks and it could be a year or longer before the case is heard if permission is granted.

The NYWAG spokesman added: “It will be expensive to fight this case but the money we need in future is less than we have already raised to get this far.

“We are confident we can achieve the necessary fund-raising, because people increasingly realise just how ludicrously expensive and unnecessary this scheme is: a few pounds now will save households the thousands in the higher rates bills they would face if this scheme was to go ahead.”

North Yorkshire County Council said in a statement:

"We have received a formal communication today from solicitors acting for objectors to the application informing us of their intention to request a judicial review of the decision to award planning permission to the AWRP project."

"Planning permission was granted after going through due process and we received confirmation from the Secretary of State on 30 January 2013 that the application should be determined at the local level and would not be ‘called in’.  The grounds of the judicial review have not yet been set out but the County Council expects to defend any claim robustly."

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