Campaigners opposed the the extension of a recycling facility in Lower Compton in Wiltshire won a partial victory at the High Court in London this week.
Residents action group Wiltshire Waste Alliance has long been campaigning against plans by local waste management company Hills Waste to extend its depot.
The dispute has been going on in various forms and forums for more than a decade, and has flip-flopped its way through the planning system.
The planning application at the centre of this judgment was refused by Wiltshire Council in 2015 against the recommendation of its planning officers.
Hills Waste appealed and, following a planning inquiry at which the council did not attend to defend its decision, a planning inspector recommended that the plant be given planning permission. This led to a High Court appeal brought by the Alliance.
And in a ruling this week, High Court judge Mr Justice Cranston ruled that the planning inspector had made some errors, and allowed, in part, two out of five grounds brought by the Alliance. In particular, he ruled that the planning inspector didn’t give proper consideration to limits placed on the existing planning permission on part of the site.
The judge said that, at the hearing, both sides agreed that existing permissions prohibited bringing more than 25,000 tonnes of non-hazardous waste onto the site per year. He also said that the adequacy of the Environment Statement used in the planning application needs to be reconsidered.
Both sides can request permission to appeal the ruling.
Wiltshire Waste Alliance v Secretary of State for Communities and Local Government
Planning Court (Cranston J) 10 May 2018
