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.”