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Legal action set to bring further delay to waste incinerator plans
CONTROVERSIAL plans for a waste incinerator near Hull face further delays after campaigners launched legal action to try to stop it being built.
A brick still has not been laid on the 144m scheme, despite planning permission being granted more than two-and-a-half years ago.
Anti-incinerator group Hull and Holderness Opposing the Incinerator, which is backed by Friends of the Earth, has taken the first step towards applying for a judicial review hearing at the High Court over the granting of an operating licence by the Environment Agency.
They say that, if granted, a hearing would not take place until next spring. The move adds yet more delay and uncertainty to a scheme which has not yet been granted crucial funding by the Government.
The stakes are high, with campaigners having to launch their own fundraising drive to cover the other side's costs if the legal action were to fail.
HOTI spokesman and Hedon town councillor John Dennis said: "Top lawyers and barristers of the Friends of the Earth Rights and Justice Centre, who are acting for HOTI, have formally applied for a judicial review with the aim of quashing the permit.
"We believe that the permit was granted unlawfully for a number of reasons and so are asking the Environment Agency to revoke it or to defend their decision in the High Court."
Developer Waste Recycling Group said it believed the permit was "valid", adding: "The challenge by Friends of the Earth is a matter for the agency to respond to, but in the meantime WRG will continue with the development of the facility."
One of the main grounds of the challenge is the allegation that the Environment Agency failed to carry out its duties under regulations dealing with the risk and formation of poisonous dioxins from the incinerator.
The group alleges that Waste Recycling Group failed to give "priority consideration" to alternatives which would avoid the noxious by-products.
At a public meeting at Alexandra Hall in Hedon this Friday residents will be asked to to buy "HOTI bonds" to help to build up a battle fund.
HOTI chairman and East Riding councillor Peter Turner said: "We will continue with this campaign until those members of the Hull and East Riding Joint Waste Authority who insist on trundling down the incinerator route get the message – 'There are better, more environmentally friendly technologies available which will not pollute our air and damage the health of our children. The local people do not intend to be ignored.'"
He added: "We have had wonderful support from people in the local communities since this all started almost four years ago, however even more than before we need financial help from the local people to show that they stand full-square behind us. Their commitment will ensure we give the joint waste authorities a real run for their money."
The development straddles two local authority areas. Planning permission granted by East Riding Council expires on December 21; Hull Council's runs out at the end of 2011.
The Treasury has not yet decided on whether to award 72m of private finance credits to the incinerator.
Most of Hull's rubbish goes to landfill in north Lincolnshire, and both Hull and East Riding Councils have insisted they face prohibitive fines if they do not find alternatives.
A spokeswoman for the Environment Agency said: "We have received a letter which is being considered by our legal department and we will be responding in due course."
The meeting starts at 7.30pm.
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Saturday 26 May 2012
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