Javelin Park: Campaigners vow to fight on despite legal defeat

The Court of Appeal rejected Community R4C's bid to appeal against a High Court judge's decision over Javelin Park

Campaigners say they will fight on despite losing their latest challenge over a £600m waste incinerator.

The Court of Appeal rejected Community R4C's (CR4C) bid to appeal against a High Court judge's decision over Javelin Park.

The judge had ruled not to allow a full trial to take place over the Gloucestershire incinerator's contract.

The Court of Appeal said CR4C must also pay the legal costs of bringing the appeal.

The group claimed a new contract for Javelin Park, near junction 12 of the M5, was awarded unlawfully to operator Urbaser Balfour Beatty (UBB) four years ago.

Gloucestershire County Council has always denied this and said it ran a competitive process within the law.

• Contract 'must be revealed'

In July the High Court ruled CR4C was not qualified to bid for the contract, after the group said it had been working on a "much cheaper" waste processing plant and would have submitted an offer.

Javelin Park has been the target of protests for many years

On 19 November the Court of Appeal said the "evidence was overwhelming" that CR4C would not have been able to bid for the contract to manage the county's waste.

Councillor Nigel Moor, cabinet member for the environment, said: "I'm really pleased the Court of Appeal has issued such a robust reasoning in its dismissal.

"The comments  reflect the position the council has held all along in relation to this fanciful case.

"Javelin Park disposes of the waste Gloucestershire can't recycle cleanly and safely, whilst cutting our carbon emissions significantly.

"Taxpayers have been put to significant cost by this challenge - and we will take steps to recover as much of that as possible."

In a statement CR4C said it would now take its case to the European Commission and said it had asked the county council's auditors Grant Thornton to publish a report on value for money and the legality of the Javelin Park contract.