Legal challenge to Portland energy recovery facility rejected

Following a rolled-up hearing on 12 and 13 March, Mrs Justice Lang has rejected a legal challenge to the grant of permission for an energy recovery facility in the port on the Isle of Portland, granted in September 2024 following an inquiry in December 2023, dismissing the ground that the Inspector and Secretary of State had not properly considered or applied waste plan policies correctly (or had failed to give adequate reasons) and refused permission for 2 other grounds. She has also refused permission to appeal.

Barney McCay was junior counsel for the claimant, Stop Portland Waste Incinerator, and represented them as sole counsel at the public inquiry.

David Elvin KC and Luke Wilcox acted for the second defendant, Powerfuel Portland Ltd and also represented them at the public inquiry.

The decision can be downloaded here.