Stroud District Council lodged an application under Section 288 of the Town and Country Planning Act 1990 challenging the Secretary of State's decision to allow the appeal and grant planning permission. Further updates will be posted once the Planning Court makes its decision.
On 16th January 2015, the Secretary of State reissued his decision letter under Section 56 of the Planning and Compulsory Purchase Act 2004 following a request from Urbaser Balfour Beatty to correct errors in the decision letter dated 6 January 2015. Full details of the reissued decision letter may be found on the county Council's planning portal.
Today, a new facility to treat 150,000 tonnes of Gloucestershire's waste has been given the go ahead by Eric Pickles.
Urbaser Balfour Beatty (UBB) was awarded a contract to design and build the facility at Javelin Park in February 2013. However, the planning committee refused planning permission for the facility and UBB appealed to the Secretary of State.
Currently over half of residents' household waste is sent to landfill, which creates harmful green house gases and in 2013/14 cost £9 million in tax.
The facility will make an important change in the way Gloucestershire deals with the household waste of its 600,000 residents, diverting over 92% of our waste from landfill. It will make a significant impact on tackling climate change by removing 40,000 tonnes of carbon dioxide and save local people more than £150million over the next 25 years.
Cllr Ray Theodoulou, cabinet member for waste, said:
"Today's decision means the rubbish we can't recycle can be disposed of in a safe and environmentally friendly way.
"Our aim is to reach 70 per cent recycling across the county and stop burying waste in the ground completely. As well as this new facility, Gloucestershire will also be using anaerobic digestion to treat food waste and recycling more. This all takes us a huge step closer."
Cllr Nigel Moor, chair of planning committee, said:
"The committee robustly defended its decision to an independent inspector at the public inquiry last year. However, we acknowledge today's announcement."
UBB will be reviewing the Secretary of State's decision in full and construction will start as soon as possible.
On 22 December, the Department for Communities and Local Government wrote to the Council explaining that it would be unable to meet its target date of 22 December to issue the Secretary of State's decision regarding the Javelin Park Appeal. We will update this page as soon as we have a revised timetable from the Department for Communities and Local Government regarding the issue of the decision. A copy of the e-mail to the Council dated 22 December may be found below.
Town and Country Planning Act 1990
You have been notified that the Department's target date for the decision on the above case is today, 22 December 2014.
Unfortunately we will not be able to issue the decision this December. I am sorry that we will be unable to meet the target in this case, but please be assured we are progressing matters as quickly as we can.
Planning Casework Team, Planning Directorate
SE Quadrant Third Floor
For more information see the Programme Officer Services Appeal page
The Secretary of State wrote to all the parties on 16 October to confirm that he will not be in a position to reach a decision on the above appeal by 30 November 2014, as previously notified, because of the need to allow parties time to deal with the new planning policy and new planning practice guidance referred to above. Therefore, in exercise of the power conferred on him by paragraph 6(2) of Schedule 2 to the Planning and Compulsory Purchase Act 2004, the Secretary of State gave notice that he has varied the timetable for his decision previously set, and will now issue his decision on or before 22 December 2014.
The Department for Communities and Local Government wrote to all the parties on 16 September 2014 to confirm that the Secretary of State will not be in a position to reach a decision on the Javelin Park appeal by 17 September 2014, as previously notified. The Secretary of State explained that the reason for the change in the timetable is owing to the need to allow parties time to deal with a further submission by GlosVAIN. Therefore, in exercise of the power conferred on him by paragraph 6(2) of Schedule 2 to the Planning and Compulsory Purchase Act 2004, the Secretary of State gave notice that he has varied the timetable for the issue of his decision on or before 30 November 2014.
The Planning Inspectorate (PINS) has confirmed that the Appeal Inspector isn't due to report to the Secretary of State until 6th June and the decision is programmed to be released by the Secretary of State on 17th September 2014.
The public inquiry for the planning appeal by Urbaser Balfour Beatty (UBB) against the refusal of planning consent for an Energy from Waste facility at Javelin Park started on 19 November 2013 at:
The Hallmark Hotel,
Gloucester GL4 6EA [map]
The Secretary of State has appointed Brian Cook BA (Hons), DipTP, MRTPI, an Inspector from the Planning Inspectorate, to hear the appeal at the Inquiry. Mr Cook was also the Inspector appointed to hear the evidence for the Waste Core Strategy which was adopted by the County Council in November 2012. Mr Cook will hear arguments for and against the proposal and will make recommendations to the Secretary of State about whether to permit the development. The Inquiry started at 10am on 19th November; it is expected to sit for approximately 24 days spread over November, December, January and possibly March 2014. The County Council, as Planning Authority have appointed a Programme Officer, Yvonne Parker, to support the overall running of the Inquiry and to ensure arrangements go smoothly.
The date for the Interested Parties (3rd Parties) will commence at 2pm on Tuesday 14th January and into the evening and on the morning of Wednesday 15th January.
Further details and a list of participants and the approximate order will be sent out in due course.
If you have any changes or updates to the programme please advise the Programme Officer as soon as possible.
Witnesses should be available to give their evidence at all times.
The parties being represented at the Appeal Inquiry include the appellant, UBB, the County Council as Planning Authority, supporting the decision of the planning committee to refuse the application, plus three "Rule 6" bodies, Stroud District Council, GlosVAIN and Friends of the Earth, all of whom have committed to be involved in the process.
A website which provides all the up to date key pieces of information during the enquiry including the documents and the programme when it is available can be found at www.programmeofficers.co.uk/posl/javelin-park-gloucester/