The Duchy Of Cornwall - SITA's Silly Incinerator - C24 Recap

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TeamKernow
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The Duchy Of Cornwall - SITA's Silly Incinerator - C24 Recap

Post by TeamKernow » Fri Oct 14, 2011 1:01 pm

Some C24 'backstory', contextualisation, pics and general fiery (geddit?) argy-bargy:

:idea: More Incinerator Outrage - Feb 9th 2006 :idea:

:idea: The Duchy Of Cornwall- Official- SITA Incinerator Issue Urgency... - July 15th 2006 :idea:

:idea: Incinerator Impressions - Aug 30th 2006 :idea:

:idea: Incinerator Contract - Sep 2nd 2006 :idea:

:idea: SITA Incinerator Explodes - Sep 20th 2006 :idea:

:idea: SITA and Incinerator Safety - Oct 4th 2006 :idea:

:idea: Incinerator to reduce landfill by 10% - Oct 5th 2006 :idea:

:idea: SITA has already started to damage Cornwalls economy - Oct 19th 2006 :idea:

:idea: Two Fingers to Kernow from SITA - Nov 3rd 2006 :idea:

:idea: SITA Waste Deal - We Are The Losers - Nov 13th 2006 :idea:

:idea: Plymouth(England)'s Rubbish ? - Nov 17th 2006 :idea:

:idea: Incineration and Infant Mortality - Dec 14th 2006 :idea:

:idea: FREE Recycling / Waste Minimisation / Re-use Solutions ... - Jan 10th 2007 :idea:

:idea: Polluting Kernow - How Many People Care ? - March 10th 2007 :idea:

:idea: Sensible council planners decision at last - March 29th 2007 :idea:

:idea: Industrial Pollution - April 29th 2007 :idea:

:idea: Incinerator Latest - July 5th 2007 :idea:

:idea: Dr.van Steenis Presentation - July 17th 2007 :idea:

:idea: The Way Forward ? - Oct 11th 2007 :idea:

:idea: Waste Plan - A Load of Rubbish - Jan 29th 2008 :idea:

:idea: Anyone Know a Good Barrister ? - Feb 7th 2008 :idea:

:idea: C*unty Council Incinerator consultation, 6.30, Weds 17th Sept, St Dennis - Sep 15th 2008 :idea:

:idea: Today Is The Day - Sep 17th 2008 :idea:

:idea: C*unty Council Incinerator consultation,6.30,Weds 17th Sept,St Dennis (inc Lord Falmouth Factor)-Sep 15th 2008 :idea:

:idea: Toxic ash, an incinerator in Cornwall, and Gloucestershire - Sept 30th 2008 :idea:

:idea: A Tall Story - Jan 29th 2009 :idea:

:idea: How innacurately can Sita portray the incinerator? - Jan 15th 2009 :idea:

:idea: New Stig Vid, a message for the C*unty Council Planning Committee - Feb 19th 2009 :idea:

:idea: More Rubbish From Cornwall C*unty Council - March 20th 2009 :idea:

:idea: SITA Incinerator SCANDAL-Cornwall Council-Who Switched The Planning Reports??? - March 26th 2009 :idea:

:idea: Incinerator plans refused - March 26th 2009 :idea:

:idea: The Smit/IMERYS/SITA/'EcoBos' Bollox NON-'eco' town Matrix-Profiteering at Cornwall's Expense-March 30th 2009 :idea:

:idea: SITA Employees Sacked For Recycling Waste!!! - March 30th 2009 :idea:

:idea: S(H)ITA (France) - Ce qui est cela de NON! que SITA ne comprend pas ? - Aug 29th 2009 :idea:

:idea: St Dennis Incinerator Saga(Joyful Update!) - October 13th 2011 :idea:


:idea: Smit Factor 1 - Oct 2nd 2006 :idea:
:idea: S*it Factor 2 - Nov 13th 2007 :idea:
:idea: S*it Factor 3 - Dec 12th 2007 :idea:
:idea: S*it Factor 4 - Sept 30th 2008 :idea:
:idea: S*it Factor 5 - Aug 31st 2010 :idea:

Image

St Dennis's Green Oasis

Image
Rostowrack Farm owner - Lord Falmouth.

Statement from High Court on incinerator ruling - October 13th 2011

Objectors opposed to plans for a waste incinerator in the picturesque Cornish countryside today triumphed in their High Court challenge to the Government's grant of planning permission for the scheme.

The Cornwall Waste Forum St Dennis Branch persuaded High Court judge Mr Justice Collins to quash the Government's decision to grant planning permission for the "energy from waste plant" on land at St Dennis, which they say threatens two nearby "Special Areas of Conservation" (SACs) designated by the EU. The judge ordered the Secretary of State for Communities and Local Government, Eric Pickles, to reconsider the decision.

However, this may not be the end of the battle. He did grant the Secretary of State permission to challenge his decision at the Court of Appeal.

The judge ruled that the Secretary of State for Communities and Local Government, Eric Pickles, and his planning inspector had failed to meet a "legitimate expectation" on the part of the objectors that they would consider whether an "Appropriate Assessment" was necessary under the Habitats Regulations and EU Habitats Directive to consider the potential impacts of noise, dust and other emissions from the incinerator on the surrounding area.

He backed the group's claim that the inspector, whose decision was followed by the Secretary of State, was wrong to leave the question of an Appropriate Assessment to the Environment Agency, which had already announced its stance that the incinerator would have no significant environmental effects.

He found that the inspector failed to deal with the objectors' challenge to the EA's stance, which they claim is "legally flawed" and insufficient to meet the requirements of the Directive.

Quashing the planning permission in a lengthy judgment today, the judge said that the "sensible way forward" now might be for the Secretary of State to carry out an Appropriate Assessment "as speedily as possible".

He said that this might lead to him agreeing with the EA, and planning permission being properly granted. However, he said that if any significant effects on the environment are identified, that will in effect mean that the development cannot take place.

He said: "Clearly what was envisaged was that the inspector would consider and give his views on not only whether an Appropriate Assessment was needed but, if possible, what the Appropriate Assessment should decide.

"That the objectors were led to believe that the inspector would deal with the issue, there can be no doubt. That was on the basis that the Secretary of State was the Competent Authority and the appropriate authority to deal with the issue.

"The objectors were never disabused of that belief by anything said by the inspector in the course of the inquiry process.

"It seems to me that the real point is that the expectation was that the inspector would consider and reach a view on the need for an Appropriate Assessment."

He added that the inspector and the Secretary of State had made "no decision" on the challenge to the EA's conclusions put forward by the objectors.

He continued: "There was evidence put before the inspector that the EA had got it wrong. But he did not deal with or reach any decisions on the evidence which had been produced to challenge the EA's view.

"He was wrong not to have dealt with the evidence because the parties had been led to believe that he would and he had not at any stage disabused them of that expectation."

Speaking afterwards, Charmian Larke, a representative of the group, said: "We are very pleased and happy. We all feel exhausted but ready for the next phase of the battle, whatever it might be.

"Today we have made big progress towards more sustainable waste management in Cornwall."

The judge ordered the Secretary of State to pay the Forum's legal costs, to be assessed later.

For up to the minute updates see
:idea: STIG :idea:

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