Campaigners have filed a legal challenge against a controversial waste incinerator on Portland.

Plans for the incinerator were originally refused unanimously by Dorset Council in March 2023 over concerns about potential damage to the region’s heritage landscape, as well as for a lack of compliance with local waste plans. 

But the decision was overturned by the government in September 2024 following an appeal by developer Powerfuel Portland.

Now, campaign group Stop Portland Waste Incinerator, acting through Debbie Tulett, who is represented by law firm Leigh Day, has filed a legal claim challenging the Secretary of State’s decision to grant planning permission.

Weymouth Town Council has also agreed to contribute £2,000 to support Stop Portland Waste Incinerator’s legal challenge on the proposed incinerator.

Councillors will also be writing to the Government to raise their objections to the facility on Portland. 

Plans to take their legal claim to the High Court began earlier this year and the group has been fundraising to cover legal fees. 

The grounds for their claim against the government’s decision are: 

•            The decision does not satisfy Dorset Council’s spatial strategy and the ‘proximity principle’ from its Waste Plan, which designates specific sites for waste disposal nearer to major waste generating settlements in Dorset.

•            The decision contained a number of factual errors relating to proposals for a waste management facility in Canford, which it relied on for comparison with the Powerfuel Portland proposals. 

•            As part of the decision, the Powerfuel Portland proposals were incorrectly compared to proposals for waste management facilities in Canford and Parley. 

READ MORE: Campaigners' legal action against Portland waste incinerator

Leigh Day environment team solicitor Ricardo Gama said: “Our clients are very concerned that the Secretary of State has granted planning permission for a scheme which flies in the face of the carefully considered waste plan adopted by Dorset Council.

"They believe that Powerfuel Portland have put forward a speculative scheme in completely the wrong place. They hope that the court will overturn the grant of planning permission so that the Secretary of State will be forced to reconsider the plan.”

Debbie Tulett of the Stop Portland Waste Incinerator campaign group said:  “It is both devastating and frustrating to see the government’s opinion that the incinerator would do no harm to the iconic landscape of the Isle of Portland.

"While it is difficult to legally challenge this aspect of their decision, we are able to take the government to task on their overlooking of planning policy.

"There is no robust evidence presented that justifies a waste incinerator being located at the end of a geographical cul-de-sac, with no proximity to the existing network of waste disposal in Dorset. 

“Portland is a unique place which is nationally and internationally recognised. Visitors come to the area due to its beauty, its bracing clean air, and the peace and tranquility of the area, as well as the nationally important heritage sites on the isle - all of which are equally valued by its residents. Not only would a waste incinerator harm our unique landscape, but also our cultural heritage too.” 

In its initial refusal of planning permission for the development, Dorset Council highlighted “adverse effects” that the incinerator would have on the heritage and landscape.

The council also said that the development would contradict the region’s waste management guidance, which outlines that developments should be located closer to major sources of waste in Dorset. 

After being refused planning permission, Powerfuel Portland appealed to the Secretary of State for Housing, Communities and Local Government, and an inspector subsequently conducted an inquiry and recommended that permission be granted.

The inspector advised that the development would have no or limited harm to the heritage landscape, and that this was outweighed by the benefits of the waste incinerator plant. He also found the incinerator would comply with local waste disposal plans, contrary to Dorset Council’s finding. 

After receiving this report from the inspector, the Secretary of State overruled Dorset Council and granted planning permission for the development in September 2024.