A decision over whether campaigners battling plans for an incinerator in King’s Lynn can challenge the decision by Norfolk County Council’s to award a contract for the controversial scheme in the High Court has been put on hold.

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At the Administrative Court of the Royal Courts of Justice today. Mr Justice Nicol heard an application for a judicial review into the process by which the decision was made to award a contractor for the incinerator to Anglo-US consortium Cory Wheelabrator.

But at the end of a day long hearing, where allegations were made that the council’s cabinet had predetermined their decision, the judge did not rule whether to allow a judicial review or not.

He indicated he would contact the parties as quickly as possible, but did not give a date.

Solicitors working on behalf of opponents to the proposed incinerator at Saddlebow had served notice on Norfolk County Council in June signalling their intention of a challenge.

Anti-incinerator campaigner Michael de Whalley, from Grimston near King’s Lynn, took the action, claiming the county council had not followed the correct procedure in awarding the contract to Anglo-US consortium Cory Wheelabrator.

Norfolk County Council agreed in March to award the contract to build the incinerator, known as the Willows Power and Recycling Facility, despite a borough council poll which showed 65,000 people in West Norfolk were against it.

The county council argue the incinerator is needed to deal with Norfolk’s waste problem, claiming it will save £8m a year and help avoid landfill fines.

But campaigners say more efficient, alternative technologies are available and are concerned about the health impact of emissions from the proposed plant.

Under the scheme, Norfolk County Council hopes to receive £169m of government cash using PFI credits to help offset the £500m plus cost of the project.

But the council suffered a blow last month when environment secretary Caroline Spelman revealed she had put those credits on hold.

She said she wanted the council to provide “additional evidence” of a broad consensus to dealing with waste - with West Norfolk Council having effectively withdrawn from the Norfolk Waste Partnership.

The council, which insists it was told by her department in September that all relevant information had been received, has since been speaking to officials from the Department for Environment, Food and Rural Affairs over the issue.

32 comments

  • Danny Jones, I too have heard the story. It seems that in a spectacularly noisy hissy fit, Cllr Derrick Murphy tried to close down a meeting of the Leaders of the political groups in County Hall with the Chief Executive called to discuss the flippant and dismissive way in which Cllr Murphy deals with Members’ Question Time in full Council meetings. Having failed in his objective, which included an attempt to persuade the Chief Executive to leave the meeting with him, he stormed out telling one of the participants that he would report him to the Standards Committee for asking whether he was on medication! Clearly the strain of trying to force a waste incinerator on us is telling on him.

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    Nemesis

    Thursday, December 8, 2011

  • If incineration is so popular on the continent, why are they being dismantled as soon as the contracts come to term and replaced by modern methods of disposal that are not incineration?

    Report this comment

    Norfolk Dumpling

    Monday, December 5, 2011

  • One Good thing that has happened this week is that most of Norfolks 9 MPs are now focusing some interest on this matter. Henry Bellingham and Liz Truss of course lead. Richard Bacon spoke out on Panorama concerning the great PFI rip off and was an outspoken opponent at Costessey he has been made aware of what is happening at County Hall. Norman Lamb and Keith Simpson are asking questions and looking closely at issues raised with them. Chloe Smith is hiding behind parliamentary protocol not realising that the democratic and financial implications of what is happening to Norfolk as a whole are her concern and if she does nothing it will mean that she serves a very short term as a minister. Lewis, Freeman and Wright are totally uninterested in the electorate as usual! Let me spell it out for them. The Conservative Party in Norfolk is being destroyed by it's members sitting on the Cabinet at County Hall, do something about it or look for another job come 2013.

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    Canary Boy

    Wednesday, December 7, 2011

  • I hope you are right Danny Jones, Murphy is not fit to lead the council because he refuses point blank to let the full council hear the whole facts on the incinerator. What has he got to hide? If there is nothing to fear why would he have stopped every attempt to let ALL councillors hear the argument. Dictators have no place in local government. My only surprise if this is right is that David White has dared to answer him back, I thought he was one of the 'Yes Mr Murphy' brigade!

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    Canary Boy

    Thursday, December 8, 2011

  • The public cannot be assured of the incinerators safety, as the dioxins produced by this (old) type of incinerator are detrimental to human health. That is a proven fact in scientific peer reviewed literature. The fact that there are safer newer types on incinerator available just rubs salt in the wound.

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    sallzy

    Wednesday, December 7, 2011

  • Daisy Roots. Good point about Denmark but all waste has been through a MBT plant prior to incineration. They remove all nasty cadmium and such like. Just like the state of the art plant at Vienna has the same system. NCC has gone for burn and kill technology. I do not know you are aware that Vienna incinerator is coming to the end of its life in 8 years and will be replaced by MBT AD.

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    Norwichboy

    Wednesday, December 7, 2011

  • Clean Air Please. The contract is not signed, cabinet question yesterday, and as I understand it will not be until the government money (PFIWIC) is agreed. The problem is that NCC claimed on 7th March and ever since that if they back out they will have to pay large amounts of compensation to dissaffected bidders. To me no money should be payable if there is no contract and the tenderplanning proposal is not viable. unfortunately for us the council view it otherwise. On 7th March when asked what would be the likely cost if the contract was not agreed we were told between £10-20 million, no doubt that figure would be more now.

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    Joy, King's Lynn

    Tuesday, December 6, 2011

  • How do the twin hatters stand? How have they voted? Many of their District Councils approved the County's plans in the Waste Management Partnership, effectively giving a six District to one majority once King's Lynn and West Norfolk changed their mind. This all has taken years to come about, it is not a quick decision.

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    bedoomed

    Monday, December 5, 2011

  • Actually bedoomed, I can answer that for you. The twin-hatters appear (in the main) to be doing exactly what Derrick Murphy's administration at NCC tells them to do. I have seen at least 2 letters from local council 'Leaders' to Caroline Spelman that have sought to mislead her by maintaining that they have local consensus where none exists. (Yes Cllrs Proctor and Fuller, I mean you.) The Waste Partnership Strategy has now become an absolute joke and a total disgrace - with the exception of KLWNBC they have all buried their heads in the sand. NCC has no Plan B and even worse, they have committed the local taxpayer to £millions in breakage fees despite not even signing a contract - they don't want us to know exactly how much because it would mean that a local authority has allowed it's controlling cabinet to step up to the equivalent of a high-stakes table in a Vegas casino with someone else's money. The truth WILL come out about this, you mark my words.

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    User Removed

    Monday, December 5, 2011

  • Gordon. Daisy Roots lives near Norwich. Mr Not in my back yard! Quote: Traffic disruption A47 Apart from the obvious CantleySouth Walsham junction and idiots who ignore the 50mph limit at that point, the big problem is that some turnings on and off the dual carriage way do not have slip roads. There are also gaps in the central reservations, which really ought to be only for farm vehicles but are used by all traffic.The Windle is one, and is nasty. The Witton junction to the west of the Blofield roundabout is poor too. All very well having bad little junctions where there is a 50mph but dual carriageway stretches of a trunk road really ought to be better and it is completely crazy that there was so much penny pinching when it was built. There doesnt seem to be much consideration of the amount of traffic the A47 between GY and Norwich carries at peak times. NCC should be pushing for the road to be brought up to scratch instead of meddling with Postwick "hubs".

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    Danny Jones

    Tuesday, December 6, 2011

  • If the results from the judicial go against the anti-incinerator campaigners, the next step is to name and shame any West Norfolk councillors that voted in favour and especially the councillors that did not want to take part. David Cameron in the Tory party manifesto suggested if we are not satisfied with you councillor or MP you can vote them out of power.

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    Choice

    Thursday, December 8, 2011

  • Beards, sandals, anoraks, pipes, Guardian readers , all indicators of protestors to anything and everything.And of course public service employees. Oh yes and vegetarians, (cant prove this, but seems right to me)

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    Abraham

    Monday, December 5, 2011

  • It is not all down to bullying by the leader Cllr Murphy. Carrots have been dangled and the feeble minded County Councillors have taken the bait. Cllr Brian Long and Cllr John Dobson have been punished for their honesty as they were doing their duty by listening and working for the electorate. At the end of the day what has Cllr Murphy to look forward to as he will be voted out of power 2013. If the incinerator gets built this will be the end of the Tory party in west Norfolk for generations to come.

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    Choice

    Monday, December 5, 2011

  • The leader of Conservative controlled Broadlands District council has written to Caroline Spelman supporting PFI credits. His letter was written one day before the meeting to discuss this matter. Predetermined or what. At the end of the day whatever the result of the High Court action NCC have been caught out. How can we ever trust them again?

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    CleanAirPlease

    Tuesday, December 6, 2011

  • i like the sound of a nice warm incinerator. protesters often have beards--and thats just the women. (Les Dawson would be proud)

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    bookworm

    Monday, December 5, 2011

  • Mutiny on the Bounty. Word out Murphy has to go. Dioxin Derrick tried to close down a meeting of political groups. He dragged the Chief Executive in to the verbal slanging match. Murphy has single handed demolished the Tory Party especially West Norfolk. He has caused ill feelings between Borough and County Councillors. All our MPs think he is an embarrassment.

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    Danny Jones

    Wednesday, December 7, 2011

  • Wheelabrator technologies are a force to be reckoned with. They are influenced by PFI funding. Wheelabrator had taken over Shanks waste specialists in MBT. They told Shanks they must promote incineration because of attraction of maximum PFI funding. They have now found out how unpopular incineration is and the penny has finally dropped. Between the two Wheelabrator waste treatment companies, only one incinerator has been built namely Riverside Bexley. The only proposed incinerator throughout Europe is Saddlebow! Guess what, Shanks Wheelabrator have built 64 MBT plants and now promoting MBT AD. They are dropping incineration to go back to what they know best. NCC was told a few months ago by Cory Wheelabrator, “if the planning stage does not go through soon, the price will go up”. Cory Wheelabrator should change their name to (PBT) Panic buying technologies.

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    Norwichboy

    Wednesday, December 7, 2011

  • Expert photo analysis reveals that 3 out of 8 protesters (including women) wear a beard i.e. 37.5 %. If the lady hiding behind the placard is a beard wearer then it becomes 44.4 %. People with beards are more environmentally friendly because their beards absorb infrared light waves, thus acting as a mini solar panel.

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    Rhombus

    Monday, December 5, 2011

  • Danny-quite possible for people to have interests in different parts of the county-bet I know as much about West Norfolk as you. Soon we will all in Norfolk be hammered with fines from the EU for continuing to use landfill. The penny will drop that we will be paying through the nose for the so called green methods of waste disposal ( which are not because they result in incineration and landfill of residues on the quiet after expensive processes to produce a worthless by product .) MBT is not such an energy efficient process, by using it we would waste valuable energy-but hey, we pay through the nose for wind turbines so we might as well do it for MBT. Why places like Denmark have been happy to use waste fuelled power stations for years is hard to credit if they are so bad. On one hand we are paying more on our bills for renewable energy and on the other we are prepared to miss out on a valuable resource. I wonder if West Norfolk would have accepted an incinerator if they could have been assured of its safety.

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    Daisy Roots

    Wednesday, December 7, 2011

  • If the contract has not been signed. What’s the problem? Dump Cory Wheelabrator! They are insignificant.

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    CleanAirPlease

    Tuesday, December 6, 2011

  • This is just a question about the councils figures if there is anyone who really knows.Which of the responses objecting to the project were accepted as being relevant? Were they paper responses from the forms delivered to West Norfolk households or were they also online responses or independently submitted objections? If the the investigation took into account objections from those who do not live in the West Norfolk council area, why did it not also demand that everyone in Norfolk should be polled on this matter? If the voices of those who will be paying for waste disposal have not been heard but the opinions of those who object to incinerators on principle wherever they live have been taken on board, the results have to be skewed . I thought the 65,000 response represented a remarkably high percentage of the population of West Norfolk over 18, and had my doubts that every response was individually submitted from a West Norfolk household . Who conducted the survey and would it stand up to scrutiny of names and addresses and ages of objectors? The behaviour of Norfolk County Council in all this however, does look as if it needs investigating by local government ombudsmen to clarify if they have acted correctly at all stages.

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    Daisy Roots

    Tuesday, December 6, 2011

  • Ben Baxter - it was not a referendum, it was a local advisory poll. Daisy Roots has a valid point here. NCC is being accused of impropriety, but exactly who oversaw the counting of the votes in this local poll? KLWNBC cannot hold a proper referendum because due diligence cannot be applied. On another note, people keep repeating the mantra that we don't owe Cory anything. This is not true. NCC invited bidders to offer their services to deal with Norfolk's waste years ago. This process was supported by all councils in Norfolk as part of the waste strategy. It was only when Cory won the contract that people started complaining. So actually Norfolk does owe them something because they spent money winning the bid only to have a group of disaffected nimbys ruin it for them.

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    Peter J

    Wednesday, December 7, 2011

  • PS. Can anyone recommend a good weed killer? I need to deal with a particularly troublesome infestation of daisy roots! I believe they eminate from the Caister region.

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    Canary Boy

    Wednesday, December 7, 2011

  • So, 65,000 people in West Norfolk returned those papers and the figure of 65,000 comprises only responses on written forms? That means more than half the population of West Norfolk district council area over the age of 16 ( by around 13,000) returned a ballot paper and voted against the incinerator. And only 30,000 fewer people than voted in the general election in both SouthWest Norfolk and NorthWest Norfolk constituencies.To be honest I find it very surprising, that so many people were motivated enough to walk to a postbox.

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    Daisy Roots

    Tuesday, December 6, 2011

  • I totally agree with you sallzy. The problem with modern incinerators is the flue gases and ash that are carcinogenic unlike the older ones. Check this out, the flue (fly ash) has to be moved to specialist sites in sealed vehicles to specialist landfill sites. Most modern incinerators in Europe have all the impurities taken out as the waste firstly as it is treated in Mechanical Biological treatment plants prior to incineration. The proposed incinerator at Saddlebow will have all sorts of dioxins like cadmium and dodgy vapours and nano- particals.

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    Gordon Brookes

    Wednesday, December 7, 2011

  • Daisy Roots. Good point but sorry to disappoint you. If you are talking about the referendum, the ballot papers were taken off the voting register. Do not forget NCC and Cory who have form for fraud and pollution used a rigged phone poll the same week as the referendum. As mentioned previously NO contract has been signed so we do not owe Cory anything. Don’t forget they decided to apply for planning consent knowing legal action was imminent.

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    Ben Baxter

    Tuesday, December 6, 2011

  • Daisy Roots. What about the 12 MPs that voted against the Mass Burner. Do we trust the ComRes dodgy poll and do we trust a dodgy incinerator company. No body wants to live near an incinerator what ever part of the World they live in. The only people that want an incinerator is they have a financial gain.

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    Gordon Brookes

    Tuesday, December 6, 2011

  • Oh dear bookworm, it won't just be hot air coming out of the incinerator but something much more toxic too. A bit like some of your posts these days?

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    User Removed

    Monday, December 5, 2011

  • How do you know who to believe? Either everyone in Europe has incinerators or they do not. You can't both be right. I do know that relying on twin hatter councillors at NCC is dangerous. They are semi-professional assistants for Council Officers these days. It would be better to consider the number of Parish Councils who are opposed to this scheme. It was overwhelming.

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    Broadside

    Wednesday, December 7, 2011

  • i like the sound of a nice warm incinerator. protesters often have beards--and thats just the women. (Les Dawson would be proud)

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    bookworm

    Monday, December 5, 2011

  • Sharp as a razor, as always, Fenscape. Ignor-rant, as always, Bookworm! I have just looked at the letters from Proctor and Fuller they both start their letters with the same words, I quote " You have asked Norfolk County Council to supply further evidence that the public and interested parties have been consulted and there is a broad consensus supporting a long term waste management strategy which is reflected in the proposed solution. " Do you think the letters were composed for them by someone else?

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    Canary Boy

    Tuesday, December 6, 2011

  • love you Fenscape--talk to my hand my face aint listening....im so 5 years ago.

    Report this comment

    bookworm

    Monday, December 5, 2011

The views expressed in the above comments do not necessarily reflect the views of this site

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