Campaigners have had their fight for a judicial review of the council decision to approve plans for a £1.4billion waste incinerator at Allerton Park refused.
Marton cum Grafton parish council had asked for the review, but a judge has now ruled that North Yorkshire County Council (NYCC) was correct to grant planning permission for the development.
The Allerton Waste Recovery Park claim was heard by His Honour Judge Gosnell in Leeds on July 30 and 31, 2013.
Marton cum Grafton parish council had asked for a judicial review of North Yorkshire County Council’s Planning Committee’s decision to grant planning permission to AmeyCespa for the Energy from Waste (EfW) plant and related development at Allerton Park.
Plans were approved by NYCC in October 2012, however in February the Government withdrew £65million of private finance initiative, making the future of the incinerator uncertain.
County Councillor Gareth Dadd, executive member for highways and planning services, said: “I am pleased that the planning process has been vindicated by the judge and that he has ruled that the Planning and Regulatory Functions Committee was right to grant planning permission for the development.
“The technologies included in the AWRP development will enable us to move away from landfilling our waste to a sustainable long term solution which generates green electricity”.
However, MP for Harrogate and Knaresborough has branded the decision ‘disappointing’.
He said: “The decision not to quash the planning consent is disappointing and a setback for those of us who do not believe an incinerator should be built at Allerton Park.
“But this setback does not mean that the campaign to defeat this proposal is over.
“There are still many hurdles before this project becomes reality.
“The Government withdrew Private Finance Initiative funding leaving a funding gap.
“That gap remains to be filled and in the current economic climate that could be difficult.
“The County Council still has to sign off the project – what is called financial close. “That may involve a vote at Council and I will be working with other objectors to persuade Councillors to vote against financial close.
“So this is a disappointing decision but there is still some way to go before the fight against the incinerator is over.”
More to follow