Council rules out incinerator legal challenge

The site is on the north eastern corner of the Isle of Portland, on land owned by Portland Port

Dorset Council has said it will not mount a legal challenge to a proposed waste incinerator.

The facility, planned for land on Portland Port, was given the go-ahead last month by the government, despite initially being refused by the local authority.

Council leader Nick Ireland said it "remained opposed" to the plan, but it had been advised that any legal challenge would likely fail in court.

Powerfuel Portland said its plant would allow Dorset's non-recyclable waste to be "managed locally in a more sustainable way".

The developer had appealed a decision by the council to refuse planning permission for its proposed energy recovery facility (ERF) on industrial land at the edge of Portland Port.

Following a public inquiry held last year, the Ministry of Housing, Communities and Local Government announced that planning permission had been granted.

Dorset Council had initially rejected the plans, citing concerns over its visual impact, pollution and lorries.

Mr Ireland said the council had considered a legal challenge but had been advised it was only likely to be successful if it could show that the government’s decision had not been reached in a lawful way.

"We simply cannot justify spending an exorbitant amount of taxpayers’ money on a challenge we have been told would likely fail in court," he said.

“Dorset Council remains opposed to the incinerator, and we will fight the Secretary of State’s decision with every remaining tool at our disposal.

"We will also continue to stand firm alongside the Portland and Dorset residents who oppose the burning of waste on the Jurassic coastline for environmental, economic, and health reasons."

Nick Ireland said any legal challenge would be likely to fail in court

Earlier this week the Stop Portland Waste Incinerator (SPWI) group launched a crowdfunding campaign to raise money for a statutory review of the decision.

The group objected to the plans and said prevailing winds would drag the incinerator plume straight across to Weymouth, Lulworth and the Jurassic Coast, affecting sensitive wildlife habitats.

In approving the plans, the government said the incinerator would have "no harmful impact on the landscape and scenic beauty, or setting of the Dorset National Landscape" and "no injurious effect" on the Unesco Jurassic Coast World Heritage Site.

Powerfuel Portland said the £150m facility would have the capacity to process up to 202,000 tonnes of waste per year and create enough energy to power about 30,000 homes.

The chimney stack at the incinerator, in use 24 hours a day, 7 days a week, would stand at 262ft (80m) tall.

It said hazardous or clinical waste would not be burned.