Write to your councillors if you are dismayed at Calderdale Council’s secretive request to government for Ryburn incinerator to go ahead

The Benbow Group, that campaigns for clean air in Sowerby Bridge and opposes the establishment of a waste incinerator in Ryburn Valley, urge members of the public to write to their Councillors in protest at Calderdale Council’s secretive appeal to the Secretary of State to,

“direct the Council to grant an environmental permit to the Appellant [Calder Valley Skip Hire] for the operation of the Small Waste Incineration Plant.”

This information has only come to light from a local resident who made an Environmental Information Regulations request, and found that Calder Valley Skip Hire submitted an appeal in May 2022 against the delay in the Council dealing with the application for an Environmental Permit.

The appeal challenges the September 2021 High Court ruling that quashed the Small Waste Incineration Plant (SWIP) Environmental Permit issued to Calder Valley Skip Hire by Calderdale Council in February 2021.

In a Judicial Review brought on behalf of the community, Calderdale Council and Calder Valley Skip Hire consented to the permit being quashed on the basis that the Council erred in law in believing that if the application was not determined on 8th February 2021 then it would deemed to be refused. Consequently, the Council acted unlawfully, by relying on this error of law, in: (a) not having requested further information as an option and in deciding to approve the application without requesting further information; (b) deciding to use urgency to disapply the call-in procedures. This is without prejudice to the Parties’ contentions on the remaining grounds.

Despite the public interest in this matter, the Council has failed to notify members of the public about Calder Valley Skip HIre’s appeal, or of its own response to the appeal which is repeated below:

“The conclusion reached by the Council in determining to granting the permit in February 2021 was correct. No further evidence has been provided to undermine the assessment made.

“The Council has concluded that there are no legitimate grounds or basis to resist the grant of a permit subject to appropriate conditions.

“In those circumstances, the Council invites the Secretary of State to allow the appeal and direct the Council to grant an environmental permit to the Appellant for the operation of the SWIP and associated plant at the Appeal Site subject to necessary and appropriate conditions.”

In an email to supporters, the Benbow Group said,

“You may recall a promise from the Council’s Cabinet that they would be open and transparent about the re-determination of the application following the successful judicial review that quashed the grant of the original Environmental Permit. Sadly this appears to have been an empty promise.

“We are sure the many residents who oppose this application and are concerned with the air quality of the area will form their own views concerning the conduct of the Council in this matter.

“We are seeking further information to ensure the public can exercise their legal right to respond to the appeal.”

In the meantime, the Benbow Group ask those who are dismayed by the Council’s conduct, to write to your Councillors expressing your concerns about how little respect the Council shows for its residents and that the officers are not fit to serve. Also ask how you can exercise your legal right to respond to this appeal. You can find your Calderdale Councillors and their contact details here.

Please pass this to friends, family and neighbours who you know would like to be kept informed. If you email the Benbow Group (thebenbowgroup@gmail.com) they will add your email address to their mailing list.