Incinerator 'fight goes on' despite court decision

Campaigners had taken the case to the Court of Appeal after losing a High Court decision in March

Campaigners have pledged to "fight on" in their opposition to a planned waste incinerator near Dorset's Jurassic Coast World Heritage Site.

The Court of Appeal dismissed a legal challenge brought by opponents of the incinerator which was approved by the government in 2024, despite it initially being refused by Dorset Council.

Dorset South MP Lloyd Hatton said the court decision was "frankly devastating".

Developer Powerfuel Portland Ltd said the verdict cleared the way for the incinerator which would bring a "long-term boost to the local economy".

The proposed incinerator at Portland Port would be built on land owned by Portland Port

The incinerator is expected to be able to process up to 202,000 tonnes of household, commercial and skip waste a year, creating enough energy to power about 30,000 homes.

Stop Portland Waste Incinerator applied for permission for a Court of Appeal hearing after the High Court failed to grant a statutory review of the decision in April.

Three Court of Appeal judges unanimously agreed to dismiss the appeal, ruling that the Secretary of State had provided adequate explanation for the decision.

Following the decision, the Stop Portland Incinerator Campaign (SPIC) said: "The campaign believes that there is great appetite to find ways to resist the project, despite the final legal avenue having been closed."

It said possible future actions could include establishing scientific air quality monitoring, peaceful direct action and further mass protests.

"We will aim to ensure that potential investors in the incinerator are clear that the local community is united and vehemently opposed to the project!! The fight goes on," it added.

Mr Hatton said there was a "huge number of concerns" about the environmental impact of the planned incinerator.

"This [court verdict] is really bad news ... but I will continue to stand up for our concerns and make sure that our voice is heard because I simply do not see any sensible way forward for building an incinerator here on Portland."

In a statement on Thursday, Powerfuel Portland director Giles Frampton said the latest judgement "clears the way" for the £180m investment to go ahead.

"That will allow Dorset to manage its non-recyclable residual waste in-county, in line with national waste and climate policy requirements," he said.

"The project will also create significant local employment opportunities during both the construction and operational phases, delivering a long-term boost to the local economy."

The site is owned by Portland Port which has also welcomed the decision, saying the proposals had "undergone considerable scrutiny".

It said the plant would enabling visiting ships, including cruise ships, to use shore power rather than their engines.

"We welcome the clarity this ruling brings and look forward to seeing Powerfuel Portland take this project forward and ensure the benefits of the project are delivered," it added.

Critics of the scheme included Olympic kitesurfing champion Ellie Aldridge, who previously said "no-one will want to train" at the nearby National Sailing Academy if an incinerator was built.

Dorset Council leader Nick Ireland also previously said the incinerator would be "throwing out nitrous dioxide, sulphur dioxide, arsenic, nickel, chromium" and harm the area's tourism industry.

The council said it had no comment following the court decision.