Monday, 9 December 2013

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

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.”

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CATI - Cardiff Against the Incinerator e-mail:
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 

[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 26th  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  <>
[4] Entirely unsuitable for the Splott and Cardiff Bay site on grounds of lorry traffic, flood risk, hazard to health and processing  hazardous ash.

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