Monthly Archives: November 2014

Application made to Court of Appeal

An application for permission to appeal the decision of the judge in the High Court was filed yesterday on behalf of Mr Khan by his solicitors, Richard Buxton Environmental & Public Law.

The grounds for appealing lie in the judge’s approach to the waste policies governing the use of the Beddington site and the assessment of whether very special circumstances exist to justify the harm caused by the proposed development. The Court of Appeal will now decide whether to grant permission to appeal, a process which will most likely take several weeks.

Shasha Khan said,

“I met with residents, conservationists and the Beddington Farmlands Bird Group on Tuesday (25th Nov). Those present encouraged me to fight on and apply directly to the Court of Appeal. It was something I was actually quite keen to do. Sadly, Sue Willman of solicitors Deighton Pierce Glynn is unable to represent me further as the deadlines for submission are very tight. However, they pointed me in the direction Richard Buxton solicitors and I am very pleased to say they are representing me going forward.

“Naturally, to continue, funds are needed to keep the fight going, and I hope I can count on supporters to donate to the campaign once again.”

Sue Willman of Deighton Pierce Glynn said

“I am delighted that Richard Buxton solicitors, which has a long proud record of securing environmental justice has taken over the appeal for Mr Khan. Sadly I was unable to represent him in the strict timescale for appealing to the Court of Appeal due to a lack of capacity.

“This case proves that there is no level playing field for access to justice in environmental cases, even where the outcome is as important as this case is for the welfare of the local community.”

Adrienne Copithorne, partner at Richard Buxton, said,

“We are very pleased to be taking Mr Khan’s case forward to an appeal. It has been a difficult journey to get to this stage but the issues at stake warrant the continued efforts. We admire Mr Khan’s tenacity and that of his supporters.”

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Viridor’s Runcorn Incinerator makes life a misery

To see why we are fighting the South London Incinerator you only need to look at what is happening at Viridor’s other facilities.

They claim there will be no smoke, no noise, no odour and no harm. You can see from the following photos and the list of complaints from the Runcorn Incinerator this is not true.  The complaints at the bottom are just two pages from hundreds of complaints that were submitted January to November 2014.

028 incinerator 4th nov 2014 incinerator night time 7th nov 14 2

complaints from e a oct nov 14 sample page 1complaints from e a oct nov 14 sample page 2

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North London Waste Authority Want Bigger Incinerator

What is happening in South London is being repeated up and down the country with Waste Authorities planning incinerators bigger than are needed to satisfy the greed of waste companies.

It seems the North London Waste Authority want to replace a 540,000 tpa burner with a 700,000 burner.

There is a sense of Déjà vu about this application. The grounds for refusal used by the Secretary of State seem almost as appropriate today as they were in 2002 when Patricia Hewitt issued her decision announcing that she had refused planning permission for an extension to the Edmonton Incinerator:

“In summary, I do not think the proposal establishes the need for increased incinerator capacity in the light of Government policy on the importance of recycling/composting. It fails to link incineration and recycling/composting in an integrated waste management plan for the site and the authorities that it serves. It would create a centralised facility serving 7 local authorities, more than twice the size of the next largest incinerator in the UK, which in the absence of sufficient local waste, could further increase the pressure to import waste from outside the local area, as is already the case with the current incinerator. As such it conflicts with the proximity principle, and the underlying policy of minimising waste traffic movement.

My over-riding concern is that it would send out the wrong signal to the waste companies and disposal authorities. Waste Strategy 2000 makes it clear that they should give priority to recycling and that incinerators should be appropriately sized. Granting permission to this proposal would seriously dilute the meaning that would be attached to these principles. For the reasons I would recommend that the proposal be turned down.”

Sadly there are no consistent planning decisions being made over incinerators. One will be turned down due to over capacity whilst the same reason will hold no weight for another planning application.  Some incinerators are being refused permission due to the harm they will cause to Green Belt Land and for others (like the South London Incinerator) protected land has no status or value in the face of what the waste companies want.

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Judge Refuses Appeal but Fight Continues

As is normal, the High Court judge has refused permission and effectively left the issue to the Court of Appeal to decide. We are undeterred and have the support of our legal team to file our request for permission to appeal in the Court of Appeal.

We have 21 days in which to do this and are working hard in conjunction with Stop the Incinerator to ensure this happens.

The only obstacle is finance and whilst we are encouraged by the massive local support for our fundraising campaign we still need more money.Donate Button 1

Please help if you can by donating to the legal challenge: www.gofundme.com/stoptheincinerator

Post Written by Shasha Khan

 

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MP calls for closure of Runcorn incinerator after two chemical leaks

The Runcorn Incinerator is being built and run by Viridor, the same company responsible for the South London Incinerator.  The following article is reproduced from this site.

A HALTON MP is calling for the closure of a Runcorn incinerator after a chemical spillage left six workers being taken to hospital.

MP Derek Twigg is pressing the Environment Agency to shut down the Runcorn Energy from Waste facility whilst an investigation is carried out.

Halton MP Derek Twigg

It is the second leak at the Picow Farm Road site in six months. A spillage of hydrated lime occurred on Thursday, October 30.

Seventeen employees were treated in hospital on March 19 after the same chemical, deemed an irritant to eyes and skin, escaped.

The £452 million incinerator is currently being commissioned.

It will be run by Viridor to supply the neighbouring IneosChlor chemical plant with up to 20 per cent of its energy.

In a letter to the Environment agency, Mr Twigg said: “I ask again that you close this plant down while an investigation takes place and it should not be started again until we have a 100 per cent guarantee that it can be run safely and without causing a nuisance to my constituents.”

Mr Twigg said he has been inundated with complaints about train noise, smells and steam from the plant.

Mr Twigg said: “I want to know why things are going wrong. I am very concerned because this plant seems to be undergoing technical problems.

“I think it is about time stronger action was taken.

“I am still getting a large number of complaints from residents.”

A spokesman for the Runcorn Energy from Waste facility said: “The incident was confined to a small enclosed section of the facility and at no point did any of the material released pass off site.

“The Environment Agency was immediately notified and has indicated it is satisfied that there was no impact from the incident on the environment.

“The construction contractor Keppel Seghers is conducting an investigation into the incident.

“The joint venture owners of the facility will work closely with Keppel Seghers to ensure that it implements all recommendations.

“Such incidents are regrettable. However, overall the project has a good safety record.”

(This article was reproduced from the following web site.)

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The previous accident was in March 2014.

A&E under lockdown after ‘chemical explosion’ at Runcorn incinerator

Some casualties have ‘ingested and breathed in lime’

The site in Runcorn where the chemical explosion took place.

Twenty workers are in A&E after a ‘chemical explosion’ at Runcorn’s incinerator.

Warrington Hospital is under lockdown after the release of a substance today.

Police received reports of an incident at about 1pm.

A Weekly News source said a further eight staff have booked themselves into hospital for assessment.

Another told the paper on of those affected was an asthma sufferer.

They both said the substance is ‘lime’, although one believed the matter to contain ash as well.

A source said clothes had been taken from the workers on-site for decontamination.

The Weekly News received a report that fallout has allegedly landed on Weston Point and Weston.

A Warrington Hospital spokesman told the Weekly News some of the casualties would be kept in overnight for observation because they had ingested or breathed in some of the substance.

A hospital spokesman said: “A number of casualties have been admitted to A&E at Warrington following the incident that has led to the department being locked down temporarily whilst the casualties are admitted.

“Access from the road in front of the department has also been limited.

“Around 20 casualties have come from the scene – but any injuries appear to be relatively minor at present and it is hoped that many of the casualties will be discharged following checks and treatment.

“Ambulances bringing patients not involved in the incident have been diverted to other A&Es temporarily.

“Walk-up patients are still attending and are being diverted through alternative entrances to the department.

“There is no risk to staff or public on site and other hospital services are running as normal.”

Cheshire police said: “This is an isolated incident, the incident was contained within the site and there are no wider risks to the public.”

A source said: “We’ve got this and it’s only been switched on three weeks.”

(This article was reproduced from the following web site.)

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Campaign for Air Pollution Public Inquiry

Members of both Houses of Parliament call for an urgent Public Inquiry into air pollution in the UK.

Last week John McDonnell, Labour MP for Hayes and Harlington sent a letter to the Chair of the Environmental Audit Committee calling for an Public Inquiry into air pollution in the UK.

 The letter, signed by 25 MP’s and Peers, was drafted by the Campaign for an Air Pollution Public Inquiry expressing growing concern at the insufficient action from Government and other agencies on this issue and calls for meaningful action to be taken to stop the thousands of deaths from air pollution each year.

The Government has failed to implement many of the recommendations of the Environmental Audit Committee’s previous report of 2011 which urged government to take immediate action. Numerous expert studies including a recent World Health Organisation Report have confirmed thousands of people throughout the UK are dying from Air Pollution.

The letter expresses concern that Government and Local Authorities have failed to implement effective Air Quality Strategies and that the EU will be forced to consider what action is to be taken for breaches of air pollution standards by the UK.

 John McDonnell MP has today said:

 ‘In support of the Campaign for an Air Pollution Public Inquiry we are calling for urgent action from the Government in tackling the horrendous levels of air pollution in the UK. As is consistently shown from expert reports and campaigning groups, the dangerous levels of pollution in this country is having disastrous consequences for our communities.  Despite the UK having one of the worst records of any European country for exceeding EU air pollution limits our Government has failed to take meaningful action. I support petitioners in calling for an inquiry in order to expose and overcome the obstacles which have been preventing action on this critical issue and to outline what needs to be done. ‘

 Dave Davies of the Campaign for an Air Pollution Public Inquiry said:

‘The Campaign for Air Pollution Public Inquiry is extremely pleased with the significant number of  MPs and Members of the House of Lords who are supporting the call for an urgent Public Inquiry into the thousands of deaths from air pollution so that the cause can be established and proper action taken to reduce pollution. It is of serious concern that the Government and some leading politicians , including the Mayor of London have chosen to ignore the situation or worse still make claims that they have taken steps to reduce pollution , when in fact the air quality measurements clearly show that there has been no improvement in air quality and in fact the emissions per vehicle has actually got worse. It was recently confirmed by leading scientists that Oxford street is one of the most polluted streets in the world. Thousands of deaths continue each year because of the current and previous failed air quality strategies.’

If you have’t already done so we urge you to sign CAPPI’s petition here.

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Yes We Khan

Inside Croydon have launched the Yes We Khan campaign, backing Shasha Khan in his bid to raise sufficient funds to go to appeal.

yes we khan franklin font

Unfortunately the Judge at the Judicial Review ruled in favour of Sutton Council to build a waste incinerator on Beddington Farmlands.

This is supposed to be protected land that is to become part of the Wandle Regional Valley Park.  Sadly the council’s only legacy is now going to be greater air pollution and fewer green spaces available for people and wildlife.

Shasha Khan has refused to give up the fight and continues to pursue justice in the courts.  But he needs our help!  Please continue to donate either through his crowdfunding page or by using the details below.

If you want to send a donation by cheque or BACS transfer the details are as follows:
· Cheques can be made payable to Mr S.I. Khan and sent to: Stop The Incinerator, C/O 97 Priory Road, Croydon, CR0 3QZ.
· Bank transfers can be made using these bank account details: name Mr S I Khan, sort code 089300, account number 83302576.

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Appeal for an Appeal

The humbling generosity of our supporters gave Shasha Khan a chance to take Sutton Council to the High Court over their decision to approve the Beddington Lane Incinerator.

Despite five excellent grounds for a claim, including four that were approved by Mr Justice Collins when he granted permission for the judicial review,  Mrs. Justice Patterson dismissed the claim.

On Friday, an appeal was launched for £5000 to help continue the legal challenge. This was to settle outstanding bills in order to commence new legal work.  Again, funds have continued to come in via bank transfers and the crowdfunding site.  Thank you so much.

On Friday afternoon Shasha instructed his solicitors, Deighton Pierce Glynn and barrister, Justine Thornton, to make a submission to the High Court for an appeal. The deadline is 9:30am Monday 10th November.  A big thank you must go to our legal team for working through the weekend to make the deadline.

If Mrs. Justice Patterson refuses permission then the next option is to apply to the Court of Appeal. There are a number of variables relating to this stage, and the strength of our application to the Court of Appeal depends on whether £5000 can be raised in the coming days.

If you are looking for other practical ways you can help the campaign Inside Croydon have a good article with a poll asking if Croydon Council should stop the Incinerator. We encourage everyone to vote in the poll.

Also, this blog post has some good ideas about contacting your local councillors and voicing your opinion at council meetings.

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Judge says Yes to Incinerator Plans

The final judgement has been made and sadly the judge has ruled in favour of Sutton Council.

You can read the full judgement here.

We are extremely upset at this decision and have until Monday to put in a request for an appeal.  We are considering this option but the costs may be prohibitive.  We will keep you updated.

The following is a press release from Shasha Khan and his legal team.

After nearly a month of waiting Mrs Justice Patterson today dismissed the judicial review and thus ruled in favour of Sutton Council. In her judgement she gave reasons for her decision which are presently being analysed.

Commenting on the decision, Shasha Khan, the claimant, said,

“I find the judgement wholly wrong but as Abraham Lincoln explained way back in 1864, ‘corporations have been enthroned’ leaving people little chance to challenge what he described as the ‘Money Power’. (1) It is very hard for an ordinary person to fight two QCs, including the UK’s leading environmental QC David Elvin, plus a barrister, all instructed by two corporate law firms. It is an unequal playing field. I didn’t apply for legal aid, so all bills, including the capped costs of Sutton Council will have to be met by me. However, it is through the generosity of supporters that these bills are largely paid.

“I feel for all those people who were pinning their hopes on this High Court challenge. I am sincerely sorry this legal process thus far hasn’t worked in our favour.

“Anyone thinking of rushing to buy shares in Pennon Group, Viridor’s parent company, should hold their horses, because despite the huge financial and emotional strain I am considering an appeal and I, and fellow campaigners, will not stop until every last option to stop this lung poisoning incinerator is exhausted.

“The Judge’s decision doesn’t adequately explain why Sutton council were able to ignore a policy which meant development on Beddington Farmlands was only allowed until 2023. Nor does it adequately consider the harm the incinerator will cause to the Wandle Valley Regional Park and London’s Green Network. These harms should have been considered by the council at the planning stage.

“Worryingly, the decision handed down by Mrs Justice Patterson allows building on Metropolitan Open Land which carries the same status as Green Belt and that can have an impact on people in other parts of the UK.”

(1)  http://www.notable-quotes.com/l/lincoln_abraham.html

 

 

 

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