High Court decision deferred till New Year

The High Court case concluded at 1pm today, with the Judge Wyn Williams adjourning his decision until some time in January.  Yesterday, we had good coverage on BBC Wales and today an article in the Echo:

http://www.walesonline.co.uk/news/local-news/cardiff-council-attacked-over-city-6415351

Barrister Alex Goodman whose acting on behalf of CATI’ Pauline Ellaway told the Judge that Cardiff council had flouted regulations and allowed waste management firm Viridor to build in Splott when it should not have done so.

Dubbing the council’s actions “procedurally inept” he claimed the authority’s reports and consultation process were flawed and that it failed to stop work when it should have.

Mr Goodman said CATI’s “submissions fell on deaf ears because work was allowed to proceed.  No robust action was being taken in respect of development that was continuing apace.” 

Best thanks to our Pauline for staying the course!

High Court hearing –first day – points advantage for CATI.

FIRST DAY NEWS FROM HIGH COURT      Tuesday 17 Dec.

Pauline’s lawyer, Alex Goodman, laid out his case for much of today, explaining why Cardiff Council’s repeated delay to enforce against Viridor’s unlawful building work and failing to require retrospective permission was unique in British law.  Then Cardiff Council’s lawyer took 80 minutes, making brash assertions, some obviously in error, and was unable to grapple with the detailed legal points of our side.  The Cardiff Council ethos - assert authority with confidence - to steamroller criticisms.  Tomorrow comes Viridor’s lawyer, rumoured to be costing over £200 000.  

     The Court starts at 10am and is expected to complete the case in the morning – if you can, do call in and support Pauline’s team!

• By James McCarthy
• Comments

Cardiff council attacked over city incinerator

17 Dec 2013 18:59

Authority should 'quash' decisions that allowed to work to start as they were taken unlawfully, hears High Court

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The Trident Park Energy from Waste Facility development

Cardiff council must “quash” decisions that allowed work to construct an incinerator to begin because they were taken unlawfully, Cardiff High Court heard today.

In an action brought by Cardiff Against The Incinerator campaigner Pauline Ellaway, barrister Alex Goodman told Judge Wyn Williams the authority had flouted regulations and allowed waste management firm Viridor to build in Splott when it should not have done so.

Dubbing the council’s actions “procedurally inept” he claimed the authority’s reports and consultation process were flawed and that it failed to stop work when it should have.

Mr Goodman insisted CATI’s “submissions fell on deaf ears because work was allowed to proceed.”

“No robust action was being taken in respect of development that was continuning apace,” Mr Goodman said.

Construction of the £185m plant started in July 2012 before planning conditions had been met.

Developers must “obtain consent and then commence works,” Mr Goodman insisted. “It is a simple sequence,” he said.

CATI’s solicitors repeatedly sent letters requesting enforcement be taken.

“Throughout the claimant has taken considerable action to encourage the council to take action,” Mr Goodman said.

“The council has always acknowledged it was unlawful and that the development was at risk.”

Despite this Mr Goodman said the authority allowed work to go ahead.

He claimed Viridor was allowed to report whether anything of archaeological import was discovered during building work – rather than this being the responsibility of an independent body.

And this was done after building work started.

“It is appropriate for the court to quash these decisions, Mr Goodman said.

But Simon Bird QC, for Cardiff Council, insisted the authority had done nothing wrong.

“All substantive information was supplied to the council prior to commencement,” he said.

He dismissed arguments public notices had not been formulated properly.

“There is no suggestion CATI were labouring under any misapprehension over what adverts meant or had any difficulty in responding,” he said.

Outside court Pauline Ellaway said: “The council cannot get away with flouting the law for a mega-company.”

The hearing continues tomorrow.

For all CATI supporters on Facebook: 

do please spread invites to this event to your friends

Pauline v Cardiff Council in the High Court

https://www.facebook.com/events/552464244842006/

And everyone - please inform your friends of our Days-in-Court, spearheaded by Splott's Pauline "Mrs Incinerator" with leading law firm Richard Buxton's.  Invite them to come and join us at the start on Tuesday 17th (9.30 for photo-shoot/TV) or drop in later  for an hour or so during Tuesday and Wednesday!
And wish us luck!  

letter to Echo
Goodway adds spice to our Case

Russell Goodway signed a £500million contract with Viridor just a week before the challenge in the High Court, with full judicial hearing opening on Tuesday 17th?  I guess Goodway rushed it because it’s likely the Court will judge Cardiff’s planning permission to be unlawful.

Acting quickly to avoid Court Orders is all too common in businesses operating on the margin.  But can Goodway escape so easily when subject to ‘malfeasance in public office’ and ‘due diligence’ tests?

This costly contract gives extra spice to the Court hearing -   give Pauline support and hear her legal team tearing into the Council and Viridor for building without permits!

The law must make big Councils treat mega-companies just like they do small firms who build without approved plans!

Prosiect Gwyrdd Unlawful - costly day for taxpayers

On the day Prosiect Gwyrdd led by Russell Goodway gets the Go ahead for Prosiect Gwyrdd..

South Wales WIN says:

This will prove a very costly day for taxpayers in Cardiff and the other Councils. Max Wallis added 
"The bureaucrats have forced through a 25-year promise to send wastes for old technology
 incineration, a dismal 22% efficient in energy terms. Cllr Russell Goodway, 
Chairman of the Joint Committee is wrong to say they will make significant savings from this project."

Anne Greagsby said "Much of the promised wastes are recyclable materials and we expect that 
increasingly stricter requirements on recycling will ban burning of them. Like other Councils 
in England who contracted for excessive tonnages of waste, future councils in Cardiff, 
Newport, Caerphilly, Monmouth and the Vale of Glamorgan will have to try and escape
from this huge long-term burden." 

Response from SNIC  :

 "Rob Hepworth, the Bishton-based Chair of Stop Newport and Monmouthshire Incinerator 
Campaign (SNIC) warned that this was not the end of the story. He said 

" What more can you expect from a cabal of profiteering corporate interests and biased officials 
 who want to impose waste policies on SE Wales that are at least 20 years out of date?
SNIC believe the decision is illegal as well as perverse. If it is allowed,  we will pay an
unacceptable price in terms of  cancer deaths, increased carbon emissions,
lower recycling and higher taxes on Newport & Monmouthshire people.”

SNIC Vice Chair Haydn Cullen-Jones of Monmouth added 

“We will  be sending today’s announcement to the European Commission as we believe it 
constitutes,  unagreed and hence unlawful, state aid to a private, speculative waste
incinerator already under construction in Cardiff.  Sadly PG have settled for the next
worst solution to landfilling residual waste and guaranteed £400m of taxpayers
money into the bargain." Monmouthshire is already close to the 2025 70% target for
recycling and hence will end up paying more and more per tonne of residual waste
for the next 25 years. While incineration in the guise of Energy from Waste
is so heavily subsidised, it is no surprise that other more financially and
environmentally viable processes have been disregarded."

Contact SNIC - Rob Hepworth  01633 413253 rghepworth@gmail.com

Future future plans for a district heating network are total fantasy as the cost 
would be enormous 

5% Recycling from bottom ash with no market for use as aggregate for 
building materials 

Silence on toxic ash - where will it go? 

Produces significant quantities of CO2.

Long-term council contracts to provide waste for incinerators will 

discourage waste reduction, reuse and recycling efforts.

Viridor signs 25-year Prosiect Gwyrdd EfW deal

THE BIG ISSUES THAT GOODWAY hasn't answered

Prosiect Gwyrdd contract with Viridor

Dear Cllr Goodway,

We believe that you as chair of PG take ultimate responsibility for the key financial issues being properly
 checked prior to signing the huge contract with Viridor.

The answers on two basic financial issues appear to be outstanding  

1. State Aid – the risk of the European Commission ruling the 25% WG subsidy to be illegal has
not been accessed by Accounting officers

2. No updated Value-for-Money assessment has been made, neither by the Project or by the WG review.

You should be aware that the National Audit Office has just announced it is investigating 
three 25-yr incinerator contracts in England 
www.nao.org.uk/press-releases/defras-oversight-pfi-waste-projects/;

also that Defra withdrew WIC (waste infrastructure credits) last week for the Norfolk CC’s incinerator, 
putting Norfolk CC in trouble over their recent 25-yr contract  
www.letsrecycle.com/news/latest-news/councils/defra-withdraws-ps169m-norfolk-efw-funding

You may have seen that EdF yesterday specified the State Aid issue as needing a decision 
before they sign the Hinkley Point nuclear deal.

We question that the Project officers are capable of giving appropriate advice on these 
issues and suggest appropriate independent experts should be consulted, eg. the WAO 
who are already considering the PG contract.

From Cardiff Against the Incinerator CATI

Pauline v Cardiff council Tues 17 Sept High Court

 MEDIA BRIEFING by Cardiff Against the Incinerator - CATI

Pauline v Cardiff council

Splott incinerator protesters take Cardiff Council to the High Court

Start Tuesday 17 December, for two days in theCardiff High Court.

Rob Griffiths, from CATI said: “CATI is taking Cardiff council to court in order to protect local residents, businesses and the environment.”

 The full legal hearing to quash Cardiff's approval of the Viridor waste incinerator [1] is now scheduled to start Tuesday 17 December, for two days in the Cardiff High Court.

 Dave Prosser, Pauline, Anne, Max 

The leading environmental and public law firm, Richard Buxton, is representing CATI member, Pauline Ellaway.  

The full hearing should consider whether “the process adopted by the Defendant Council amounted to an impermissible extension or addition to any previously-recognised exception to the Whitley principle”. 

(Viridor) in the first place in proceeding to begin works prematurely, as they did, and of the Defendant Council (Cardiff) in protesting only after being prompted to do so by CATI, and then effectively condoning such conduct in the ways in which it subsequently dealt with matters”, raises questions of the Council’s “procedural propriety”. 

CATI opposed the incinerator in principle, Dave Prosser a CATI campaigner said  “We feel betrayed by Cardiff Council’s completely inadequate consultation of the public over this matter of high public concern and in pushing through approval of the incinerator in the Splott/Cardiff Bay area despite the large population potentially harmed by the pollution” [4].  The Ombudsman decided in 2012 on a complaint from CATI that the Council was guilty of maladministration, causing an injustice to residents [5].  The Council had to apologise to individuals but failed to reconsider and change their poor practice.

This High Court hearing is, however, confined to technical issues of planning law.  Anne Greagsby CATI campaigner points out  “CATI accuses Cardiff Council of undermining the law by allowing building work to proceed without the necessary permits and permissions.”

Max Wallis a CATI campaigner said   “The whole planning permission process has been an undemocratic shambles. The wishes of local people and businesses have been ignored and councillors have tied themselves in knots as officials steamrollered Viridor's scheme through the Council.”

<iframe width="560" height="315" src="//www.youtube.com/embed/ckCQVkYuljQ?rel=0" frameborder="0" allowfullscreen></iframe>

Contact

CATI - Cardiff Against the Incinerator e-mail: cardiffagainsttheincinerator@gmail.com
Rob Griffiths  07790 884137  58 Janet Street Splott Cardiff

Pauline Ellaway  07837 346114  20 Bayside Road,  Bayside Estate, Cardiff CF24 5NA

Max Wallis 07714 163254 or 02921 156265 or 02920 190087
Dave Prosser   07504 323422 

                                         
twitter:@nocardiffburner
Blog http://cardiffagainsttheincinerator.blogspot.com/

 NOTES

[1]  Waste incinerator under construction at Trident Park, between Splott and Cardiff Bay, at a cost of £185 million.  Construction started in July 2012, just as further ‘subsequent’ planning applications were published for consultation.  These were not approved till Feb. 2013; the Court case challenges them as legally flawed.

[2]  Judge Curran approved for a full expedited hearing of the request to the Cardiff High Court lodged on 26^th  March for the following:

a)      An order quashing the grant of subsequent applications approval dated 25 February 2013;

b)      A declaration that the decision of the Council to treat the subsequent applications approval as retroactively permitting the unlawful works and rendering enforcement action inexpedient was unlawful;

c)      An order requiring the Council to reconsider enforcement action against the unlawful works;

d)      An order directing the Council to issue an enforcement notice and/or stop notice prohibiting further continuation of unlawful development

[3] Full judgment 27 Sept’13  [2013] EWHC 2907(Admin)  at  <high-court-justice.vlex.co.uk/vid/-465183198>

[4] Entirely unsuitable for the Splott and Cardiff Bay site on grounds of lorry traffic, flood risk, hazard to health and processing  hazardous ash.

[5] http://www.scribd.com/doc/88770482/Ombudsman-Report-Cardiff-Against-the-Incinerator

Labour wont support Pauline in Splott against the Incinerator

Two Candidates support CATI against the Incinerator
Splott By-election.  
Only UKIP and TUSC candidates - Brian Morris and Katrine Williams @Katrinewilliams - are concerned to oppose the Viridor waste Incinerator, bringing wastes from over S-E Wales to burn in our city.  
 The Lib-Dems started the project and Labour continued it with Tory support; all want to give Viridor a long-term contract to burn the city's waste, despite the toxic fumes, waste lorries trucking through the city and huge tonnages of incinerator ash with toxic dust.  Apart from Neil McEvoy for Plaid, Cardiff politicians rubber-stamped a Viridor contract of several £100 millions for 25-years.  Extraordinary irresponsibility with Council funds, and in contracting for tonnages far higher than expected to be produced in future years. Result of brown envelopes or blind party-voting?  

CATI hasnt heard anything from @EdwardStubbs the labour candidate who works for a Islwyn Labour AM Gwyn Price. As soon as Labour got into office they voted to privatise residual waste Prosiect Gwyrdd - without any scrutiny, locking Cardiff into payments for burning waste for the next 25 years in a PFI style contract. Labours Gretta Marshall, Luke Holland and Huw Thomas all failed to vote against it. Surprise! Russell Goodway is chair of the 5 council Prosiect Gwyrdd group. 

No support either from FibDem Jamie Matthews @JamieMatthews84 or Tory Daniel Mason 
Nearby Bayside Estate resident Pauline Ellaway, supported by CATI, is taking Cardiff Council to the Cardiff High Court on 17-18 December.

Party	Candidate
Independent	Elys John
Conservative	Daniel Mason
Lib Dems	Jamie Matthews
UKIP	Brian Morris
Labour	Edward Stubbs
TUSC	Katrine Williams

Pauline v Cardiff Council in the High Court

Like Like  Pauline v Cardiff Council in the High Court on Facebook 

Full legal hearing to quash Cardiff's approval of the Viridor incinerator as unlawful - and stop the construction - opens on Tuesday 17 December in the Cardiff High Court.

Leading environmental lawyers, Richard Buxton, are representing CATI member, Pauline Ellaway.  In the first stage High Court verdict on 1st October, Judge Curran was appalled at the Council's catalogue of errors.  Do come along and encourage the full hearing for orders on the Council.  Do drop in on the Court hearings for an hours or two, during 10am-4pm on the two days 17-18 December.

Keep a lookout for updates here or via Twitter

Contact 

Cardiffagainsttheincinerator@gmail.com

Pauline Ellaway 07837 346114

Max Wallis 07714 163254

Dave 07504 323422 or via william.prosser@btinternet.com

Anne Greagsby 029 20190087