Law Lords rule on waste incineration plan

"GREEN" electricity may yet be produced at Pebsham Tip and fed into the national grid, but local residents will get their say about the plan.

A House of Lords ruling has forced site owner Reprotech to ask the county council for planning permission to use the household waste dumped on the site to generate electricity.

Reprotech claims it inherited planning permission from the county council, the previous owner when it took over the site in 1997.

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But the council disagreed. A high court and a court of appeal sided with Reprotech but last week five Law Lords ruled they were wrong.

Reprotech general manager David Watts said the ruling made no difference to his firm's plans. It will now apply to the county council for necessary permission.

Mr Watts said: "We're continuing our plan to use our waste treatment plants to generate electricity at Pebsham. If that involves applying for planning permission, then we'll do so."

Mr Watts said the four-year legal wrangle, costing thousands of pounds, was "like going round in circles."

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He said: "Residents have protested our site causes smells. That's never been proved. We've not had any indication permission would be refused, nor what grounds for refusal might be raised."

A county spokesman said planning applications gave the council chance to scrutinise schemes to ensure they caused no problems. She said: "The House of Lords decision means the county council can impose reasonable conditions relating to hours of use, or traffic control to and from the site, for example."

Coun Tony Reid, lead cabinet member for transport and environment, said: "I'm delighted the council has been successful in fighting this case. It's good news for residents that normal planning processes must be followed to develop the site.

"The planning system allows residents and others to have a real say in developments in the area and be consulted about any proposals."

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Resident Richard Sanderson, of Top Cross Road, part of the Pebsham tip protest committee, said: "I can't imagine anyone in this area supporting an application because of the smell and fumes. It is far too near local houses."

Town MP Gregory Barker has congratulated the county council and local residents.

Referring to the fact that Reprotech will now have to follow formal planning procedures, he said: "This is a victory for local people.

"Reprotech will not be able to dodge the planning system.

"Pebsham is no place for an incinerator."

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