As an active campaigner against the installation of an incinerator in Charlton Lane, LOSRA is encouraged to report that Spelthorne Council this week applied to the High Court to have a Judicial Review of the Environment Agency decision to grant a permit for the Eco Park in Charlton Lane, Shepperton.

This was because the Council has concerns about pollution and safety issues and the deadline to request a review was imminent.The Council took legal advice following the announcement of the Environment Agency on 8 October 2012 that it had issued a permit to the planned Eco Park.

The Council sought advice on various matters concerning the process by which the permit was issued and the matters which were taken into account by the Environment Agency. On 14 December 2012 the Council wrote to the Environment Agency asking for answers on the following issues:

• The legality of the conditions imposed.

• Whether the permit satisfies the requirements of EU law.

• Whether the Environment Agency’s approach to the adoption of this novel technology is permissible given experience elsewhere and the requirements of EU law.
  
  

On the basis of the answers the Council may receive, it will then consider whether it should continue with the Judicial Review of the Environment Agency’s decision to issue a permit.

Council Leader Frank Ayers said: “Issues of safety are high among the Council’s priorities.This move is obviously not something which we wish to take on lightly, but when the Council received legal advice that the permit appeared to allow pollution from vents at three times the level permitted under EU law – we had to take action to protect our residents.“The decision to act was made after consultation with the Cabinet Members for Environment and Planning – Cllrs Watts and Forsbrey. We look forward to the response of the EA and we hope that our concerns for residents’ safety can be satisfied without the need for expensive drawn-out litigation in the High Court”.

Further information and documents relating to the Eco Park can be found on our website at http://www.spelthorne.gov.uk/article/2760/Eco-Park-proposal

By way of further explanation it may be helpful to explain that on Monday this week, 7 January 2013, the Council issued High Court proceedings for a Judicial Review of the Environment Agency decision to grant a permit to the Eco Park in Charlton Lane Shepperton.The formal “letter before action” delivered to the High Court is a required part of the process to make an application for a Judicial Review under the rules of the High Court.

The Environment Agency has not responded to these points yet but has indicated that it will be able to do so by 18 January 2013.  In order to protect its position the Council was forced to issue papers with the High Court in London yesterday as the deadline for the Judicial review ran out on 8 January 2013.

SITA (Surrey) Ltd and Surrey County Council are interested parties to the Judicial Review and have been sent formal copies of the letter before action.

To see the BBC News story, "Shepperton Eco Park may face judicial review", click here.