Judicial review plans dropped - but Keighley incinerator battle goes on

In December 2020 the Environment Agency decided to formally approve the Environmental Permit application for the incinerator which is four miles from Ilkley Moor. The scheme has prompted strong local opposition and a campaign by Aire Valley Against Incineration.

Simon Shimbles, Chair of the AVAI steering committee, announced this week: "Since December AVAI have reviewed the process followed by the Environment Agency to see if we could challenge it by way of Judicial Review in the courts. There followed a very exhaustive review by the team and after input from our legal and scientific advisors, we sent a Pre Action Protocol letter to the Environment Agency. The response from this has now been shared with and reviewed by our legal team.

"Our barrister agreed that we have a very strong scientific case. However the Environment Agency assert that they have acted lawfully throughout. For a Judicial Review to be successful we need to prove that the Environment Agency acted unlawfully and this is difficult to prove. Reluctantly, we have decided not to pursue the Judicial Review any further. A Judicial Review would cost in the region of £40k and would take a matter of weeks to conclude. We cannot justify spending money donated by local members of the public without at least a good chance of meaningful success.

"This is obviously a great disappointment to everyone concerned, but the campaign is far from over. We continue to work closely with our MP, Robbie Moore. With input from AVAI he is planning to table a debate in Parliament regarding the accountability of the Environment Agency and looking in particular at how they have handled this application. The debate itself won't stop the Marley incinerator development, but it will address some very concerning issues around waste incineration and help other campaigns which may follow.

"With the public's incredible support we have been able to raise the profile of our case nationally. This campaign has also fed into and shaped the national debate on incineration and the public mood is changing. The waste industry's attempt to present incineration as a green energy source has been shown up for what it is – greenwash. The fate of the Marley development is still not clear. Were it not for everyone's fantastic efforts and support, it would have likely been built already and would be sat there, blotting the landscape, emitting pollutants and greenhouse gasses, not to mention the increased noise, odour and traffic. The campaign is not over. We have a few options which, understandably, we can't disclose so watch this space and thank you to everyone for their continued support.”

Shlomo Dowen, the National Coordinator of the UK Without Incineration Network praised AVAI campaigners for their "determination, resilience and professionalism".

He said: "AVAI has earned the respect and admiration that they enjoy from across the whole anti-incineration movement, not least thanks to their generosity of spirit and AVAI's ongoing willingness to lend a hand to other communities facing similar challenges. We at UKWIN sincerely hope that the incinerator proposed for Keighley is never built."

AVAI steering group member and Ben Rhydding resident Ros Brown said: "Watching the recent Channel 4 ‘Dispatches’ programme about incineration, although sadly familiar, was still shocking. It is unacceptable that ‘we are burning more waste than we recycle and the total carbon emissions from incineration have now overtaken those from coal’ yet this is still deemed acceptable within existing legislation. Bradford Council have played a part in agreeing to this unnecessary development but our local MPs and national government must also step up, not just to provide support for the local AVAI campaign, but to actively secure the urgent legislation needed to ensure an immediate moratorium on incineration, an incineration tax and the adoption of meaningful waste reduction targets that local people and our planet deserve."