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Court rejects incinerator protest

Environmental campaigners opposing controversial plans for an incinerator in East Sussex have lost their case in the High Court.


Sullivan J rejected a claim by Lewes District Friends of the Earth for judicial review of last year’s decision by East Sussex County Council to grant conditional approval for the scheme.


The campaigners say that by accepting plans for the Newhaven incinerator, which would burn 210,000 tonnes of waste per year to generate electricity, as part of the county’s 10-year waste plan, the council had “ignored long-term recycling targets”.


The council claims that the incinerator is needed because landfill space is running out.


Dismissing the claim, Sullivan J said that the reasons given for approval were “readily understandable” and the decision to approve the Newhaven incinerator was lawful.


R (on the application of Lewes District Friends of the Earth Ltd) v East Sussex County Council; R (on the application of Dove 2000 Ltd) v East Sussex County Council Administrative Court (Sullivan J) 22 July 2008  


James Pereira (instructed by the legal department of Friends of the Earth) appeared for the claimant in the first application; Richard Harwood (instructed by EarthRights Solicitors, of Saffron Walden) appeared for the first claimant in the second application; Gordon Nardell (instructed by Hedleys, of East Horsley) appeared for the second claimant in the second application; Nathalie Lieven QC and Lisa Busch (instructed by the legal department of East Sussex County Council) appeared for the defendant; David Holgate QC and Daniel Kolinsky (instructed by Bond Pearce, of Bristol) appeared for the interested parties.


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