Council launches burner legal bid
COUNCIL leaders have been “frustrated at every turn” over what they see as a Government department’s refusal to engage with them over the Lynn incinerator controversy.
The claim was made as West Norfolk Council formally began their legal action against the decision to award £91 million of government cash for the project.
The news came days after it was confirmed that a contract for the plant had been signed by Norfolk County Council and Cory Wheelabrator.
Officials from the Department for the Environment, Food and Rural Affairs (Defra) have insisted ministers are satisfied that the rules have been applied correctly in relation to the proposals.
But the council has described Defra’s handling of the issue as “shocking”.
The authority served a pre-action protocol letter on Defra on Friday, requiring the department to release all the evidence submitted to them which persuaded environment secretary Caroline Spelman to approve the grant last month.
The demand relates to all correspondence relating to the period between November 7 last year, when Mrs Spelman had indicated she was not satisfied the project met the necessary criteria for the credits, and January 18 this year, when the decision was made to approve the award.
Council leader Nick Daubney said: “It is regretful that it has come to this, but we have been frustrated at every turn by Defra’s apparent unwillingness to engage with us throughout this process.”
Mr Daubney has claimed the borough council had written to Defra on 12 separate occasions over the issue without receiving a reply, while his own requests for a face to face meeting with the secretary of state were also not acknowledged.
He added: “It is shocking that a decision of such magnitude can be taken with such a lack of transparency.”
The pre-action protocol letter, which is the first stage of the process towards a potential judicial review hearing in the High Court, gives Defra a deadline of February 27 to respond to the council’s request.
It is then likely to be several months before any case goes before a judge.
A Defra spokesman told the Lynn News yesterday: “The Secretary of State is satisfied that the department’s criteria have been met and has approved Norfolk County Council’s application for Waste Infrastructure Credits. It is now for the council to take the project forward to gain planning permission.
“As the matter is now subject to legal proceedings, it would be inappropriate to comment further.”
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Weather for King's Lynn
Sunday 27 May 2012
Today
Sunny
Temperature: 9 C to 26 C
Wind Speed: 17 mph
Wind direction: East
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Sunny
Temperature: 10 C to 24 C
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