Incinerator Update

The Borough Council of King’s Lynn & West Norfolk is working with local Members of Parliament and others to oppose the construction of an incinerator in King’s Lynn.

The Borough Council of King's Lynn & West Norfolk and others opposed to a planning application to build an incinerator in King’s Lynn campaigned for the Secretary of State, Eric Pickles to ‘call in’, or take responsibility for deciding the outcome of the planning application.

On the 30 August 2012 the Department for Communities and Local Government wrote to Norfolk County Council, which would have made the decision about the planning application, informing them that the Secretary of State had decided to call in the planning application (a copy of this letter is attached below).

As a result of the call in, the Planning Inspectorate held a public planning inquiry in King’s Lynn to examine the application. The inquiry concluded on Friday 17 May. The inquiry has given all the parties involved and the public a chance to have their say about the proposals.

Following the inquiry, the Inspector, Elizabeth Hill, will make a recommendation (by way of a report) to the Secretary of State. It is expected that the Inspector will submit her report to the Secretary of State in September. He will then consider the report and in time, issue the decision about whether to grant planning permission or not. A decision is not expected until the end of the year at the very earliest.

A library containing documents relating to the inquiry can be found at: http://www.persona.uk.com/kings_lynn/index.htm.

Statement from the Leader of the Borough Council of King's Lynn & West Norfolk, Cllr Nick Daubney following the inquiry:

"We are pleased with the way in which the Planning Inspector has conducted this inquiry.

"We pushed for the inquiry so that people had the opportunity to air their views. Throughout the inquiry the issues have been thoroughly explored and everyone who has wanted to, has been able to have a say. The Inspector has given more time to people than we had anticipated. No one who wanted to speak was excluded and the whole process has been handled in a fair and open way.

"The Inspector will now go and write her report, which will be submitted to the Secretary of State. We must await the Secretary of State's decision.

Useful links

Letter of 30 August 2012 from the Department of Communities and Local Government to Norfolk County Council stating that the incinerator planning application has been called in.

Further information about the inquiry process: http://www.planningportal.gov.uk/uploads/pins/gpa_03.pdf

http://www.planningportal.gov.uk/uploads/pins/gpa_05.pdf

The application can be viewed on the Planning Portal website. Search under 'bespoke casework'. Use the case reference number and details above.

http://www.planningportal.gov.uk/planning/appeals/inquiries/bespokecasework

Inquiry Library website

http://www.persona.uk.com/kings_lynn/index.htm

Judicial review

Judicial review is a process by which the courts can examine the actions of public bodies such as government ministers or local councils to ensure that they are act both lawfully and fairly.

The scope of a judicial review is limited. A judge will not rule on whether a decision made by a public body is right or wrong, but will rule on whether the process by which the decision was reached was appropriate.

The Borough Council of King’s Lynn & West Norfolk lodged an application for a judicial review of the Secretary of State’s decision to award £91 million to Norfolk County Council to fund the building of the incinerator proposed for Saddlebow, King’s Lynn. Permission was refused by the judge.

Following legal advice, the borough council announced on 18 October that it would not continue to pursue the judicial review. All resources were focused on preparing for the public inquiry.

Last updated: 20 May 2013