High Court backs ‘unlawful’ plans

06 December 2006
 
East Sussex County Council and Brighton & Hove City Council are pressing ahead with their waste plan, after a High Court challenge to the scheme was thrown out.
The Waste Local Plan sets out planning guidance on how refuse should be dealt with in the future, and where key waste facilities should be developed.
Newhaven resident, Nicola Day, in a bid to have parts of the plan declared null and void, mounted the challenge.
Evidence was heard by the High Court in October this year, and the decision to back the councils was announced last week.
Judge, Mr Justice Collins, found the arguments against the plan were ‘unsubstantiated’, and work carried out in developing it by both authorities had been ‘transparent and had followed a sensible course of action’. Day claimed the councils had acted unlawfully in failing to hold a second public inquiry.
But, by dismissing the case, important principles concerning the scope of local authorities’ discretion to hold a second public inquiry were confirmed, according to Timothy Straker QC, who acted for the councils.
The decision also backs the lawfulness of the plan – the process for the adoption of which started in 1996, covering policies for waste disposal.
Peter Jones, county council leader, said: ‘This High Court challenge was a slur against the hard work of councillors and officers at both councils.’
The Waste Local plan has taken 10 years to develop, and there have been three rounds of full public consultation and an open public inquiry.

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