Surrey backs controversial waste strategy

23 April 2008
 
Surrey County Council’s executive has recommended adopting the controversial Surrey Waste Plan, which would include at least one waste-to- energy plant – if it can negotiate the complexities of European law.

If adopted by the full council on 6 May, Surrey says it would be the first county authority to have a full waste plan, including sites for new facilities. But its preparation has been complicated by a clash between the inspector’s report, which accepted 15 of the 16 sites for facilities, and rejected the council’s proposed deletion of three thermal-treatment sites, after consultant ERM identified a possible clash with the EU Habitats Directive.

‘The council, accordingly, appears to be simultaneously under a duty to adopt the plan in accordance with the inspector’s recommendation, and is in receipt of advice from ERM that to do so would breach the habitats regulations,’ says the report to the executive.

Natural England has also questioned whether it is always possible to design waste-to- energy plants in sensitive areas without infringing the Directive. But, there is pressure on the council to reach decisions, and it cannot meet targets without thermal treatment.

In March, the council agreed to seek planning permission for just such a 160,000t a year plant at Longcross, but is still hesitating whether to pursue sites at Martyrs Lane and Wisley, required by the inspector, but which cannot be shown to have no adverse habitats effects.

One alternative considered in the report is asking the communities secretary to make a binding direction under Section 21 of the 2004 Planning Act. But this would be uncertain and lengthy, and does not reduce the possibility of legal challenge.

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