Zyda Law Submit Ground Breaking Planning Appeal 18Jan2013

Zyda Law have submitted an appeal to the Planning Inspectorate on behalf of INEOS ChlorVinyls in respect of their energy from waste facility (‘EfW’) at Runcorn. When construction is complete the Runcorn EfW facility will be one of the largest in the UK with the capacity to recover energy, both electricity and steam, from up to 850,000 tonnes of residual waste per year.

Zyda Law, on behalf of INEOS ChlorVinyls submitted an application in June 2012 to the local planning authority seeking their approval of three schemes; including schemes for the monitoring of noise and air quality. While the local planning authority’s officers have recommended approval on two occasions the local planning authority’s Development Control Committee have failed to determine the application within the required four months.  

The appeal is interesting as it will be one of the first to progress to appeal since the coming into force of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011. These consolidating Regulations were introduced to ensure that planning in England conformed to a series of judgments both in the domestic courts and in Strasbourg.

The Regulations require that the environmental impact assessment procedure is carried out (i) when the project is initially given planning permission (ii) when approval of conditions is sought (where the conditions must be satisfied before the developer may carry out part or whole of the development) and (iii) on appeal.

Jonathan Leary

Specialist solicitor with Zyda Law.