Augean case set for Court of Appeal

THE Court of Appeal is to hear an appeal against proposals by hazardous waste firm Augean to bury low level waste despite the plan previously being given the green light.

Earlier this month the  High Court upheld a previous decision by the Secretary of State to allow low level waste at Wetherby headquartered Augean’s East Northants Resource Management Facility (ENRMF).

Planning permission was initially refused by Northamptonshire County Council but the scheme was then given the go-ahead by Communities Secretary Eric Pickles.

However, a local resident, a member of a campaign group against the plans, had filed an appeal with the High Court to try to block the company’s low level waste strategy.

Now, an application for permission to appeal against the decision at the Court of Appeal has been upheld.

Augean said in a statement today: “While the presiding judge stated that he was ‘not at all persuaded’ that the original judgement was wrong, he felt that the point of law relating to the case needed to be clarified by the Court of Appeal. 

“He was conscious of the delay to this ‘project of considerable importance’ and therefore took the decision to expedite the case.”

The Court of Appeal hearing is expected to take place in January.
 
“Importantly, the judge refused the appellant’s request to grant an injunction on the group’s ability to lawfully implement its permission to receive LLW at the site; the group is now considering its options regarding making the site available for delivery of LLW and will update the market in due course,” Augean added.