England and Wales
01937 844980
Scotland
0141 8875689

Public Consultation


You are here:

Legal Challenges

Appeal

In August 2009, Augean submitted a planning application to Northamptonshire County Council relating to operations at our existing hazardous landfill facility at East Northants Resource Management Facility (ENRMF), to allow the site to dispose of Low Level Waste (LLW). This would principally be construction waste, mainly soils and rubble, with small amounts of radioactivity, arising from the demolition of ancillary buildings, such as offices and infrastructure, at decommissioning power stations, as well as other sources, such as hospitals and science and research facilities.

Northamptonshire County Council’s Development Control Committee met on 16 March 2010 to consider this application and, despite a recommendation by the County’s planning officers to approve the proposals, the Councillors resolved to refuse the application. Augean is appealing this decision as we do not believe it was based on sound scientific or planning policy grounds.

A public inquiry was held on 26 October 2010 at the Holiday Inn, Corby, Northamptonshire.

 

 

 

Decision
The Secretary of State for Communities and Local Government has resolved to uphold our proposals, which will allow us to accept waste with small amounts of radioactivity at our existing hazardous landfill facility in East Northamptonshire.  The Environment Agency has also now issued an authorisation permit for the disposal of these wastes.

 

Naturally, we are very pleased that our planning application has withstood the close examination of the Inquiry and that the Secretary of State has upheld our proposals for East Northamptonshire Resource Management Facility (ENRMF). His support joins that of the Environment Agency in allowing this important scheme to go ahead.  The company will examine the Inspector’s report in detail over the next few days and decide how best to respond to his advice.

 

We appealed the decision of Northamptonshire County Council's Development Control Committee not to permit the company's ENRMF to accept Low Level Waste (LLW), as they did not believe the decision was based on sound scientific or planning grounds. The application was subsequently the subject of intense scrutiny during a rigorous three week Planning Inquiry. Following the submission of the Planning Inspector's recommendations to the Secretary of State in March 2011, he has agreed with the Inspector's conclusions that the appeal should be upheld.

 

We hope that members of the local community who have had reservations about these proposals can be reassured that both the Secretary of State and the Environment Agency would not authorise permission for disposal of these wastes unless they were completely satisfied that they present negligible risk to human health or the environment. We look forward to continue working with the local community and their elected representatives as we take these proposals forward.
High Court Challenge
As you may be aware on 3 November 2011 Mr Justice Stewart dismissed the legal challenge brought against the Secretary of State's decision to allow the disposal of Low Level Waste (LLW) at East Northants Resource Management Facility (ENRMF).  All of the points raised by the claimant were comprehensively dismissed and furthermore the judge refused leave to appeal.  A full copy of the judgement will be available on our website shortly.

 

An undertaking was sought from Augean not to implement the permission while direct petitions to the Court of Appeal are being made.  Augean voluntarily agreed for 28 days, allowing the claimant time to make an application.

 

The legal challenge related to a narrow point of law and not to the safety or policy merits of the proposals.  Augean will continue to find ways to reassure the local community that the disposal of LLW presents a negligible risk to human health  and the environment.  The company will always seek to follow best practice, adhere to regulatory standards and exceed objectives.  If you would like to discuss any aspects of the permission granted, or our current application, we would be happy to do so at any time.

 

We have an open door policy at ENRMF.  If you would like to visit the site at any time please make an appointment with Simon Moyle, Site Manager who would be pleased to explain the recent engineering works and show you around our state of the art laboratory.

Court of Appeal
Following the High Court’s decision to upheld the decision of the Secretary of State to allow the acceptance of LLW, campaigners have since sought recourse through the Court of Appeal and a hearing is scheduled to take place 17/18 January. 

 

The appeal is being brought in respect of a narrow point of law. There has been no challenge made to the safety or the policy merits of the current permission.  If campaigners are ultimately successful in their appeal, the application will be referred back to the Secretary of State for re-determination. In those circumstances a favourable decision would be expected by the company.

However, we are pleased to confirm that, following a hearing at the Court of Appeal into the legal merits of the decision by the Secretary of State for Communities and Local Government to grant planning permission for the disposal of Low Level Waste (LLW) at the East Northants Resources Management Facility (ENRMF), the appeal by the claimant has been rejected by the Court.

 

Contact details

Helpline no: 01904 654989 or email: consultation@augeanplc.com

Copyright © 2012 Augean PLC
Ecommerce Solutions by PureNet