BID TO BLOCK SEWAGE TREATMENT PLANT FAILS
The High Court has refused leave for a conservation group to bring judicial review proceedings over a proposed sewage treatment plant on the east Kent coast.
The Foreness Point Environmental Action Group had sought leave to commence proceedings in relation to the Kent County Council’s grant of consent for plans to build a new sewage treatment works on the headland at Foreness Point, Margate.
The conservationists claimed the scheme by Southern Water Services Ltd represented a “makeshift or stopgap measure” and failed to secure adequate capacity.
They argued that the scheme would not be sufficient to tackle the problem of pollution and that even if it did go ahead, bathing water and local beaches would still suffer from sewage pollution. The conservationists also claimed it failed to allow for higher sewage treatment standards anticipated for the future.
However, Kent County Council argued that the new plant would improve bathing water and shell-fishery fields by the introduction of smaller nets at the outfall.
The council contended that they had carried out a major consultation exercise, which included approaches to bodies such as the Countryside Agency, English Nature, the Kent Wildlife Trust, MAFF and the Environment Agency, before granting the planning consent. They said all the issues raised by the action group had been fully considered before consent was granted.
Harrison J found in favour of the council and rejected the application.
The scheme still requires Environment Agency approval and the conservationists will have a further opportunity to oppose the plan by applying to the Environment minister.
R v Kent County Council and Southern Water Services Ltd, ex parte Bartingale and Gaugas on behalf of Foreness Point Environmental Action Group Queens Bench Division (Harrison J) 16 June 2000
Barry Payton (instructed by Boys & Maughan, of Margate) appeared for the applicants; Charles Mynors (instructed by Kent County Council) appeared for the first respondents; David Holgate QC (instructed by Bircham & Co) appeared for the second respondents.
PLS News 16/6/00
