Thoughts on the Incinerator ruling

I have today read through the full judgement of the Appeal Court. It is very complex and references such things as “proportionality,” “legitimate expectations,” the “issue of the allocation of responsibility” and more.

Trying to keep it short, in October Judge Collins adjudicated that the Secretary of State had acted unfairly in relation to the European Habitats Directive and regulations made under it, and ruled that an “appropriate assessment” was necessary to assess the impact of the incinerator on nearby Special Areas of Conservation. He concluded:

“… the Habitats Directive and the Regulations are the law and must be obeyed … it is not suggested before me that the case put forward by the objectors can be disregarded as having no weight. There is an arguable issue. That being so, it would be a breach of the Habitats Regulations to fail properly to consider whether an appropriate assessment was needed.”

Sadly, the three judges of the Appeal Court took a different view and concocted a legal argument to reinstate the consent for the application. To be honest, I am struggling to understand how they came to the conclusion that they did. It does however seem almost a political decision.

I am also less than impressed that the Judges referred to the report of the Inspector at the original Planning Inquiry as “very lengthy and detailed” and a “comprehensive treatment of a wide range of issues.” I disagree. I consider the report to be biased and selective in what was used in it to inform the Inspector’s dubious conclusions.

Local campaigners are meeting to consider whether a further challenge is possible.

Political guest on Radio Cornwall

On Friday evening, I was the guest on Radio Cornwall’s weekly politics slot. I discussed Mebyon Kernow and its values, the judgement from the Appeal Court on the proposed incinerator and, of course, the “Pasty Tax” and the fuel crisis.

I understand that my interview can still be accessed for a few days on the Iplayer. For information, my contribution is timed at between 5.50 and 6.00.

SHOCK (sarcasm): Cornwall Council welcomes Court of Appeal decision

I have not yet seen the actual ruling from the Appeal Court, but have just received a press statement from Cornwall Council. It reads as follows:

"Cornwall Council welcomes the decision by the Court of Appeal to grant the Secretary of State and SITA’s application in relation to planning permission for the Cornwall Energy Recovery Centre.

"While we recognise that those who have campaigned against the Secretary of State’s decision to grant planning permission for the Cornwall Energy Recovery Centre will be unhappy at this judgement, it will enable the Council to take action to tackle the waste crisis facing Cornwall.

"As a result of this judgement, which reinstates the planning permission originally granted by the Secretary of State, the Council will now be working with SITA to finalise the Revised Project Plan.

"A report setting out the next stages of the process will be submitted to the Council’s Cabinet."

I would question how Cornwall Council could welcome a decision to grant consent for an incinerator at St Dennis, which it spent a small fortune opposing at a Planning Inquiry? I could say more, but I guess I should be circumspect today.

Government has won Incinerator Appeal Hearing

Bad news for St Dennis and bad news for Cornwall.

Radio Cornwall has just reported that Eric Pickles and the Conservative & Liberal Democrat Coalition Government have won the Appeal Court hearing regarding the proposed incinerator at St Dennis.

I will blog again when I have heard more about the ruling and the full implications.

MK Deputy Leader condemns Coalition on Pasty Tax

Mebyon Kernow Deputy Leader Andrew Long has challenged Conservative and Liberal Democrat members in Cornwall to disassociate themselves from the actions of the Coalition Government – in particular, the plan to impose 20% VAT on the sale of hot Cornish pasties, as well as a host of other damaging policies such as the imposition of regional pay.

Cllr Andrew Long said: “The introduction of the ‘Pasty Tax’ shows just how out-of-touch the Coalition Government is. This tax would be devastating to the Cornish economy, and it is a disgrace that the Government doesn’t care. It did not even consider the implications of the tax before the budget announcement.”

Cllr Long has described himself as heartened that the “Pasty Tax” had become a key talking point across the whole of the United Kingdom, but added he was angry at the disrespectful attitude of the Prime Minister and his Chancellor.

“We also consider it a disgrace that millionaire politicians Cameron and Osborne are so disrespectful towards Cornwall and its national dish, casually refusing to reverse plans for this detrimental and damaging tax. And very worryingly, public statements by the Prime Minister have clearly demonstrated that he is ill-informed and does not know where VAT is applied and where it is not applied.”

Cllr Long was also critical of the actions of Cornish MPs. He said: “Local Conservative and Liberal Democrat MPs are having a lot to say on this issue, but they seem to have forgotten that it is a Conservative and Liberal Democrat Coalition Government which will be imposing this tax.

“It was only last year that Cornwall’s six MPs appeared to be campaigning against the creation of a Cornwall and Devon cross-Tamar parliamentary constituency. But in the House of Commons they then meekly voted in favour of the legislation to undermine Cornwall’s territoriality.

“I fear that Cornish MPs will do the same on the Pasty Tax – to seek publicity by campaigning against the tax in Cornwall while supporting their Parties’ plans when in Westminster.”

“Conservative and Liberal Democrat members in Cornwall really need to disassociate themselves from the actions of the Coalition Government. But most of all, Cornwall needs politicians that will stand up and fight for Cornwall. The only choice is Mebyon Kernow – the Party for Cornwall.”