The Stop Portland Waste Incinerator (SPWI) campaign has received devastating news as the Statutory Review has ruled against them. The High Court had agreed to hear the case, which challenged the government’s decision to overturn Dorset Council’s unanimous refusal of Powerfuel Portland’s waste incinerator planning application. However, the judgement did not go in their favour.
Debbie Tulett, who has led the SPWI campaign, has announced that she has requested her legal team to evaluate the costs of an appeal. She remains determined, stating, “We cannot quit before the final hurdle. Our last chance is to take it to the Court of Appeal.”
Statement from Debbie Tulett
“I am very sorry to have to say that, with much sadness, the judgement for the Statutory Review went against us, and we lost the case. I am deeply disappointed that the judge was unable to recognise that the planned waste incinerator does not comply with our county’s waste plan and ruled in favour of the incinerator.
We do have one final legal avenue remaining, which is to try and get our case heard at the Court of Appeal. Unlike the previous stages—where decisions were made by a single Planning Inspector, the Secretary of State, and a Judge—this appeal would be decided by a panel of three Judges. As I understand it, we need to register our intention to appeal within the next few days and have 21 days for our legal team to assemble the grounds for permission to be heard at the Court of Appeal.
From all the conversations I had before the Statutory Review, I believe that the majority of those opposed to the incinerator want us to continue fighting until the very end. Therefore, I have instructed our legal team to prepare to request a Court of Appeal hearing. I regret having to ask again, but we would be incredibly grateful for any donations, as our fundraising campaign has restarted. The same bank and JustGiving accounts are being used, and I will repost all details later today.
After nearly six years of full-time campaigning against the waste incinerator, I am not ready to give up. I do not want to back down from opposing the Powerfuel waste incinerator until all legal avenues have been exhausted. I sincerely hope you agree that we should continue to fight Powerfuel’s proposal until the very end.”
Local Reaction
Olympic sailor and Portland resident Laura Baldwin expressed her disappointment at the ruling but remains hopeful that the waste incinerator will not be built at Portland Port. She highlighted key concerns, stating:
“This is deeply upsetting news, but I still hold hope that a waste incinerator will not be built at Portland Port. It is clear that it is no longer a financially attractive investment, with the upcoming inclusion in the emissions trading scheme making it significantly more expensive to burn waste and due to diminishing feedstock as the government commits to transitioning towards a circular economy.
Cruise ships will be drawn to ports offering zero-emission ship-to-shore power, something Portland would not be able to provide, as energy from waste is as polluting as coal. Additionally, with the PortWind project looking set to go ahead, the relatively small 15 MW generated by an incinerator is simply unnecessary.”
The Fight Continues
Despite the setback, the SPWI campaign remains steadfast in its opposition to the incinerator. With strong community support and a commitment to sustainability, campaigners hope that the appeal process will offer a final opportunity to prevent the construction of the incinerator at Portland Port.