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Judicial review of Whitemoss hazardous waste landfill extension granted

Monday, 10 October 2016 10:54

Campaigners at the Royal Courts of Justice Campaigners at the Royal Courts of Justice Left to right - David Cheetham (CPRE West Lancashire), Del Ellis, Nicola Escott, and Claire Robinson (ARROW)

Success at Court of Appeal.

On 5 October 2016 in the Court of Appeal at the Royal Courts of Justice in London, a local resident opposing the Whitemoss hazardous waste landfill extension was successful in gaining permission to bring a judicial review of the Secretary of State’s decision to allow the Development Consent Order.

CPRE Lancashire has supported the case and contributed financially.

The resident’s attempt to gain permission to bring the judicial review was refused several times in various courts. However, the resident’s legal team had the chance to explain the case more fully and was successful. The judge, Lord Justice Lindblom, was a planning expert and was interested in the case.

Claire Robinson of ARROW (Action to Reduce and Recycle Our Waste), which is supporting fundraising for the resident, said:

“We are delighted with this verdict and would like to thank the legal team and all those residents and employers who have helped us get this far.

The main issue was that the planning policy says there is a need in principle for hazardous waste sites, but the resident’s legal team argued that this did not mean that a developer could claim that there was a need for a site of any size in a specific location without proving that this specific site was needed.

There was a question as to whether the Secretary of State was misreading the National Policy Statement for hazardous waste.

The judge said that this case has implications for other Nationally Significant Infrastructure Projects elsewhere and needs to be heard in full because it could set an important precedent.

The judge agreed with the legal team that the resident’s case was arguable and gave him permission to proceed to a full judicial review.”

ARROW campaigner Del Ellis said:

“This is an important milestone, as it allows us to continue our challenge of this unwanted hazardous waste tip extension that is so close to people’s homes and children’s playing fields. However, we have not won the case yet. We will also continue to fundraise for the legal bills incurred so far.”

The full judicial review is expected to be heard next spring in the Court of Appeal in front of three High Court judges.

See our Campaigns section for more information on CPRE Lancashire’s involvement with the Whitemoss application to date.

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