Deadline near for Invergordon appeal
Scottish Ministers have claimed they are prevented by the law from intervening to prevent the construction of a 130,000 tonne-per-annum waste incinerator in Invergordon, leaving campaigners with just one option - going to court.
After Highland Council's refusal of planning consent in August 2009, partly over health concerns, Combined Power & Heat Highlands Ltd appealed to the Scottish Government's Directorate of Planning & Environmental Appeals (DPEA). The appeal was allocated to Scottish Government Reporter, Mr Dannie Onn. On 11 May 2010 he announced that the appeal had been successful.
GAINS subsequently wrote to Scottish Ministers expressing concern at the decision, given the Reporter's stated view that the plant would undoubtedly pollute, and that incineration is not sustainable. Writing on behalf of Richard Lochhead, Jim Mather and Michael Russel, the DPEA has now stated that neither they nor Scottish Ministers can legally change the Reporter's decision. The only option for campaigners is to apply to the Court of Session in Edinburgh to challenge the decision on a point of law. The application must be submitted within six weeks of the decision, i.e. by Tuesday 22 June. The DPEA recommend seeking legal advice. Click here to download the letter from the DPEA.
GAINS suggests that applying for legal aid may be a good idea. An applicant for legal aid must have less than £12,439 in savings and less than £25k disposable income.
After Highland Council's refusal of planning consent in August 2009, partly over health concerns, Combined Power & Heat Highlands Ltd appealed to the Scottish Government's Directorate of Planning & Environmental Appeals (DPEA). The appeal was allocated to Scottish Government Reporter, Mr Dannie Onn. On 11 May 2010 he announced that the appeal had been successful.
GAINS subsequently wrote to Scottish Ministers expressing concern at the decision, given the Reporter's stated view that the plant would undoubtedly pollute, and that incineration is not sustainable. Writing on behalf of Richard Lochhead, Jim Mather and Michael Russel, the DPEA has now stated that neither they nor Scottish Ministers can legally change the Reporter's decision. The only option for campaigners is to apply to the Court of Session in Edinburgh to challenge the decision on a point of law. The application must be submitted within six weeks of the decision, i.e. by Tuesday 22 June. The DPEA recommend seeking legal advice. Click here to download the letter from the DPEA.
GAINS suggests that applying for legal aid may be a good idea. An applicant for legal aid must have less than £12,439 in savings and less than £25k disposable income.
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