The rejection of a controversial incinerator on Portland will be appealed.

Planning permission for the Energy Recovery Facility at Portland Port - the Portland Incinerator - was unanimously rejected by Dorset Council earlier this year.

Dorset Council has now received notice from Powerfuel that it intends to appeal the council’s decision.

On Friday, March 24 2023, Dorset Council’s Strategic and Technical Planning Committee refused to grant permission for the proposed facility, with Powerfuel stating shortly after that they would lodge an appeal in the future.

There have been several protests against the incinerator over the years by concerned locals, with hundreds turning out to voice opposition.

Appeals against refusals of planning permission are submitted to the Secretary of State, and nearly all are decided by the Planning Inspectorate.

The Planning Inspectorate is a central-government executive agency that deals with planning appeals, national infrastructure planning applications, examinations of local plans and other planning-related and specialist casework in England.

Dorset Council are anticipating that the appeal will be submitted in mid-August. At this point, the Planning Inspectorate will notify Dorset Council that the appeal has started (the ‘start date’) and confirm how the appeal will be handled, together with details of an inquiry date and the name of their appointed independent inspector.

Within one week of the start date, Dorset Council will notify all interested parties – including anyone who submitted representations to the original application – that an appeal has been lodged with the Planning Inspectorate, including details of how to get involved.

There is no requirement for anyone to resubmit any representations that were made to Dorset Council at the application stage. Once the Planning Inspectorate has confirmed the arrangements, the council will send all representations that were made on the planning application to the inspector.

It is important to note that, once an appeal is lodged, the case is handled by the Planning Inspectorate, not Dorset Council, and it will be for the appointed inspector to make/recommend the decision on the appeal. To assist the inspector, Dorset Council will be expected to set out its case – with evidence – for refusing the original planning application.

In a small number of instances, appeals are decided by the Secretary of State. Should this occur, it is likely that an inspector will run the inquiry and will make a recommendation to the Secretary of State for his consideration. This should not affect the inquiry procedure.

Anyone who wishes to make representations at the appeal stage will need to do so directly to the Planning Inspectorate but only once the start date for the appeal has been confirmed.

Further details will be provided once the Planning Inspectorate confirms the arrangements.