Campaigners need funds for legal battle

12:00pm Tuesday 22nd January 2013 in News Photograph of the Author By Emma Rigby

CAMPAIGNERS are appealing for donations to help fund their fight against plans to build an energy from waste plant in Lostock.

The Cheshire Anti Incinerator Network (CHAIN) has been campaigning against plans to build the controversial plant off Griffiths Road since it was given the go ahead in October.

Following Cheshire West and Chester Council’s (CWAC) decision not to challenge the Secretary of State’s approval, CHAIN decided to seek its own legal advice, leading to the appointment of a Queens Counsel (QC).

The QC informed CHAIN that it had “strong grounds” on which to challenge the decision, but campaigners say more funding is needed if they are to continue their fight against the “frightening” development.

“Had we not had legal advice telling us we have a strong case, we would have given up and walked away.

“It’s frightening to think of what could be built right behind Tesco.”

So far, the judicial review has been funded by donations, mainly from CWAC councillors – who gave a total of £6,000 from their member budgets – and neighbouring parish councils and residents.

The spokesman added: “CHAIN would like to express its thanks to the people who have made donations over the past few weeks, particularly to the lady, who said she was a pensioner, who handed our chairman Brian Cartwright a £20 note when he was shopping in Sainsbury’s.”

Donations can be made via PayPal on the CHAIN website at anti-incinerator.org.uk or by phoning 01606 881693.

Comments(6)

Matilda,Matilda says...
3:03pm Wed 23 Jan 13

It is good that CHAIN are asking for contributions towards a Judicial Review from the public but wouldn't this be better advertised via the Northwich Guardian as many people do not access this website. I would like to know if CHAIN has already filed this appeal for a Review because if they haven't I fear it is too late as the deadline has already passed? The Secretary of State decision was given early October and since there is only 6 weeks to make an appeal it means that CHAIN have actually missed the deadline.
If the Judicial Review has already been lodged. What areas are CHAIN planning to fight and are all the other parties and objectors involved e.g. section 6 parties as these people seemed to have a broader and different approach than CHAIN?

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Matilda,Matilda says...
3:16pm Wed 23 Jan 13

I would also like to ask CHAIN if they have submitted their comments and objections to the E.A? If they have are their comments available to the public to read and can you tell us where to access them? Again the deadline for this is 31st January 2013. It would be most helpful if these were available to the public as the questions given from the E.A. seem extremely technical and difficult to answer.

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L Byrne says...
8:16pm Wed 23 Jan 13

Dear Matilda

In answer to your questions about the Judicial Review, the simple first answer is 'yes' it has been launched by CHAIN and all of the deadlines have been met.

The response to your query about grounds for the legal challenge is a bit lengthy and difficult to give in this forum. If you email me on Liam.Byrne321@gmail.
com I can provide more details.

Regarding the Environmental Assessment(EA), CHAIN is intending to submit one. To be honest, we had not intended to make it public before the closing date but we will certainly now consider it.

Hopefully, the above helps.

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L Byrne says...
8:42pm Wed 23 Jan 13

Following on from the above and without getting into the well worn debate about incineration.

Residents of Northwich might be interested to know that the West London Waste Authority is currently in the final stages of considering a tender from TATA/E-ON to transport 300,000 tonnes of garbage, including sanitary waste, every year a distance of 200 miles to Northwich for incineration. Thats 1200 tonnes every day, courtesy of 1.4 million Londoners who live Brent, Ealing, Harrow, Hillingdon, Hounslow and Richmond upon Thames. For at least 25 years.
(It would utilise 50% of the incinerator's capacity)


We recycle our waste, they want to
send theirs to Cheshire!

One of the reasons why it still important to do all we can to oppose the waste incinerator.

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Sue Statham says...
10:40pm Wed 23 Jan 13

Although CWAC Council are not prepared to help financially with the judicial review, perhaps local people could take the time to email or write to Councillor Mike Jones who is Leader of the Council. When I contacted him to ask for the Council's help, the reply was "I regard the matter as closed from a Council point of view." Unfortunately for the residents who would be living in close proximity to a 600,000 tonne waste incinerator, the matter is far from closed.This would be an ideal opportunity for people to express their views on whether or not they believe that the Council should help financially,with the judicial review The amount required would equate to the annual total sum of the council tax from about 20 average houses,
not a considerable sum if the result of this legal action was to keep the incinerator out of our town.
Councillor Jones's email address is:
mike.jones@cheshirew
estandchester.gov.uk

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tracy manfredi says...
6:50pm Sat 26 Jan 13

Matilda

I too think its great that CHAIN have sought the judicial review!

In answer to your first question I can confirm CHAIN approached all S6 parties to submit a summary and detail backing evidence to the QC.

I provided CHAIN with all the information and evidence I had, plus comments on NPPF plus covanta basically everything i submitted to the enquiry & DECC post enquiry on disc and on which I too sought legal advice, together with the areas that were open to further challenge.

I can't comment on the details that will be scrutinised for JR as I only saw the Pre application - however I did express my concern it wasn't fully
comprehensive on more specific areas that were also capable of challenge on human rights and sustainability - but I was assured this was just because it had been rather rushed and would be more comprehensive on submission. I'm really happy that CHAIN are taking it forward lets hope they get a favourable response from parliamentary counsel, although I understand they can still challenge directly whether or not. Good luck CHAIN!

I understand you are struggling with the EA questions that's a difficult one as the questions are quite specific and unless you know the technical detail then yes they will be hard to answer - but then the general public are provided a non technical summary and not expected to understand the technical detail so maybe the questions aren't appropriately phrased for the general public to give a meaningful answer? If you don't get a response from Liam please get in touch via this website and I too will try and help you. Best wishes!

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