APPEAL UPHELD:

PICKLES gives go ahead to BIFFA to build Incinerator

 
 


Secretary of State, Eric Pickles MP decides Appeal by 16 April 2012


CHAIN would like to extend a sincere THANKYOU to everyone who participated and supported the Charnwood Against Incinerator Campaign through the Appeal Inquiry process.


Despite letters and requests to withdraw, Biffa went ahead with the Appeal Inquiry hearing, costing the taxpayer thousands of pounds and diverting valuable resources from Leicestershire County Council’s planning department for 2 weeks.


CHAIN members supported the Council’s defence by putting forward a series of carefully crafted arguments to counter Biffa’s contention that the Incinerator should go ahead despite two planning applications being unanimously rejected. CHAIN’s arguments were vigorously opposed by Biffa’s well resourced legal team. Such was the vigour, that at times it felt as though CHAIN were on trial in a criminal court!


Despite the legal battering, CHAIN members, local MP Nicky Morgan and independent witnesses stood firm and strong in their opposition against Biffa and presented the Inspector with reasoned and balanced arguments as to why siting such an enormous facility at NewHurst would be a bad idea.


Further, on the evening of 10th November, around 150 residents and concerned members of the public attended the public hearing at Shepshed High School to express their concerns directly to the Inspector. The arguments and comments were presented very clearly and the Inspector could not be in any doubt about the feelings and concerns of Charnwood Residents.


The Appeal Inquiry now closed, Roy Kershaw, CHAIN Secretary, has received the following letter:-




APP/M2460/A/11/2150748/NWF


22 November 2011


Dear Mr Kershaw


PLANNING AND COMPULSORY PURCHASE ACT 2004
SECTION 55 AND SCHEDULE 2
Appeal by Biffa Waste Services Ltd
Site at Newhurst Quarry, Ashby Road East, Shepshed, LE12 9BU


Following the closure of the inquiry, the Inspector is now preparing his report and recommendation(s) for submission to the Secretary of State for his consideration.


In accordance with Schedule 2 to the above Act, I am writing to let you know that the Secretary of State will issue his decision(s) on or before 16 April 2012.


Yours sincerely

Sian Evans SOS



To see information and to check the progress of this case through the Planning Portal. The address of our search page is:-

http://www.pcs.planningportal.gov.uk/pcsportal/casesearch.asp

You can access this case by putting the above reference number into the 'Case Ref' field of the 'Search' page and clicking on the search button



So, all we can do now is await the decision. We will of course keep you up to date with any breaking news.


On behalf of CHAIN, THANK YOU again.

Have a very peaceful Christmas!


 

17th April 2012 - UPDATE - we wait a little longer...!


Having received no word on the appeal decision yesterday, CHAIN has made contact with the Department for Communities and Local Government and ascertained that there is a delay in pronouncing  decisions on a number of appeals that fall under the jurisdiction of the newly published National Planning Policy Framework - see here


All appeals are being re-considered in light of this new planning law. CHAIN has been contacted by the Case Officer for the Newhurst Appeal (James Henderson) and we have been told to expect a decision within a week or so. Of course we will update this website as soon as we hear any further news.


It would appear the Jury is still out...

19th April 2012 - Invitation to Comment Received...


CHAIN has today received an invitation from the Department for Communities and Local Government, to comment on the relevance, if any, of the newly published National Planning Policy Framework as it applies to the Newhurst Quarry Case. The letter is available for viewing here:-


12-04-19 Newhurst NPPF ref back[3].pdf


CHAIN will be meeting soon to discuss this and would welcome your comments and suggestions in the interim. The deadline for responding is the 4th May 2012. The Secretary of State will make a decision after this short consultation period.


We will of course keep you informed and updated as events unfold.

1st May 2012 - Decision day announced and Extension to response deadline granted...


CHAIN has today received an extension to the response deadline from the Department for Communities and Local Government, to comment on the relevance, if any, of the newly published National Planning Policy Framework as it applies to the Newhurst Quarry Case. The letter is available for viewing here:-


12-05-01 Newhurst ref back tt change.pdf


THE LETTER ALSO SUGGESTS A DECISION ON THE APPEAL CASE WILL BE MADE ON 14TH JUNE 2012


We will of course keep you informed and updated as events unfold.

7th May 2012 - CHAIN submit response on NPPF...


CHAIN has today submitted a response to the Department for Communities and Local Government, on the relevance of the National Planning Policy Framework (NPPF) to the Newhurst Quarry Appeal.


Thank you to everyone who sent in contributions - much appreciated. Roy Kershaw (CHAIN secretary) compiled all responses and after a few drafts, submitted the following letter:-


CHAIN and NPPF.pdf


Now we wait for a decision - due 14th June!


Check back here for news as it unfolds...

10th May 2012 - Local MP submits response on NPPF...


Nicky Morgan MP has today submitted a response to the Department for Communities and Local Government, on the relevance of the National Planning Policy Framework (NPPF) to the Newhurst Quarry Appeal.


You can see her letter here:-


Nicky Morgan response to NPPF.pdf


Lets see if Mr Pickles is listening...

18th June 2012 - why are we waiting? official response below...


“...regarding the delay, Parliament has been in Whitsun recess and the position is that our Minister has yet to consider the case in light of our consultation with parties on the implications of the National Planning Policy Framework (NPPF).  Allied to this, we expect that the decision on this case will be one of the first by the Secretary of State following, and making reference to, the publication of the NPPF, and this has implications for our drafting of a robust decision letter reflecting the Minister's decision.  However, if we can, we will issue the decision ahead of 28th June...”

THE DECISION HAS BEEN MADE - made public 29th June...


The wait is over - letters have been sent to all parties today 28th June, so we will know the decision tomorrow 29th June.


WATCH THIS SPACE for UNFOLDING NEWS...

29th June 2012 - Incinerator will go ahead...


The Secretary of State has upheld the appeal. In a lengthy report, quoting submissions from all sides, Mr Asquith, the Inspector appointed to adjudicate over the appeal, concluded that on balance of need against impact, the appeal should be allowed and planning permission granted. The Secretary of State agreed with his conclusion.


On health matters, Mr Asquith concluded that “it was inappropriate to apply the precautionary principle and reject the proposal on the basis of possible health effects” without supporting statements from formal bodies like the HPA and EA, but accepted that the “understanding of these issues is still evolving, including that of the possible role of nano-particles in respect of emissions and health”.


You can read the entire report here:-


12-06-28 Newhurst DL IR.pdf


This is a most disappointing result and CHAIN still cannot quite believe that both the Inspector and Secretary of State have arrived at this decision after two planning refusals and such strong local opposition through the appeal process.


CHAIN will be meeting soon to consider if there is anything that can be challenged in the report.


CHAIN would like to say THANK YOU to everyone who has supported the campaign. At least we can say that we didn’t sit back and let it happen. We made our voices heard, whether or not they were listened to.