Skip to main content

High Court rejects appeal to overturn a decision by the Secretary of State for BEIS

Published Friday 15 October, 2021
Last updated on Friday 15 October, 2021

Court rejects appeal against refusal of permission for Energy from Waste plant at Kemsley North.

The High Court has rejected an appeal by Wheelabrator to overturn a decision by the Secretary of State for business, energy and industrial strategy (BEIS) to refuse permission for its new Kemsley North energy from waste (EfW) plant in Sittingbourne.

Welcoming the decision, Cllr Tim Valentine, cabinet member for the climate and ecological emergency, said:

“Whilst incinerating waste with energy recovery forms an important part of the waste strategy, we must recognise that it low in the hierarchy. It is much better to produce less waste in the first place and recycle more of the waste that does arise.

“In Swale we are working to divert more food waste from the general waste bins. Collected separately, food waste goes to an anaerobic digester which feeds methane into the national gas grid and produces a fuel conditioner used in local agriculture.”

The Court ruled that the extra capacity of the proposed plant is not required under Kent County Council’s revised Minerals and Waste Local Plan and could have provided a disincentive to recycle more waste.