Appeal Hearing – Court of Appeal Royal Courts of Justice 2nd July 2019

Background 

BACI requested permission to Appeal the High Court ruling in November 2018.  This permission was granted in February 2019.

During this permission stage Covanta petitioned the Court for expediency.  In a letter to the Court – Covanta reminded the Court that the development was ‘of National Significance’ and had been held up by various challenges since 2011.  The National Significance label was – of course – merely based on a categorisation of the development allocated on the amount of energy it reported it would create once operational.  In the same letter –  Covanta failed to mention to the Court the period of over 2 years where Covanta did not take advantage of planning consent – while they were attempting to sell off all UK assets.

The Appeal is a continuation of the High Court Judicial Review case –  based on the same grounds – and is requesting that the Appeal Court overturn the High Court ruling and quash the Environmental Permit issued to Covanta in January 2018.

The floating dates of 2nd and 3rd July were put forward as the Court Hearing Dates.

Nearer the dates – it was confirmed that the Hearing was to start on 2nd July.

Once the date had been confirmed BACI asked the Court if the proceedings could be available on live streaming due to the community interest and investment in the Hearing.

After testing of the equipment in Court 76 was complete – BACI received confirmation that the Hearing would be available to stream live.

The Hearing videos are now available on the Judiciary YouTube Channel in two segments – Morning session and Afternoon session.

Morning Session

Direct Link – https://youtu.be/UbdR4T-xYUE

Includes: – BACI’s Barrister presenting Evidence and first part of the Environment Agency’s Barrister presenting Evidence

Afternoon Session

Direct Link – https://youtu.be/4TzarKbOFf8

Includes: Further Evidence presented by the Environment Agency’s Barrister, Evidence from Covanta’s QC as the interested party and Final rebuttal Evidence from BACI’s Barrister

Documents referred to during Hearing

There are a number of extracts of documents that are referred to – and sometimes read out during the course of the Hearing.

These documents were presented to the Judges in two ‘Bundles’ – the Trial Bundle and the Authorities Bundle

Please see below links to some of these documents*-  and some of the main extracts referred to from these documents that were presented as BACI Evidence.   Please note the page numbers referred to during the Hearing may differ to the page numbers in the documents themselves – due to the re-pagination of the documents into their respective Bundle.

* Only documents that are already in the public domain or have been subject to public consultation have been included

Industrial Emission Directive – European Law (2011)

screenshot for website IED 46 point 5

Article 46.5

screenshot for website IED 1

Article 1

Supporting Information Document – part of Covanta’s submission to the EA* no longer available on EA website

“2.4.5 Fugitive Emissions from IBA Storage
Good housekeeping practices will be implemented to ensure that any IBA spillage that does occur is cleaned up at the earliest opportunity. Spill kits will be available for the clean-up of IBA spills as procedures in the Quality and Environmental Management System (EMS) require ash spills to be cleaned up promptly.

Water released from the IBA will be also prevented from entering surface water drains through preventative maintenance, monitoring, housekeeping, and strict operational controls.

Any heavy metals within the IBA will be present as salts. These salts will be retained in solution when mixed with water and would not be expected to dissolve. Metals would be retained in solution form if there was an IBA spill on the internal roadways or other areas of hardstanding. If the IBA were to enter the surface water drainage system, it would collect within the interceptors in the surface water drainage systems for the waste incineration plant. The interceptors are designed to prevent the discharge of suspended solids and oils and grease.”

Dust Management Plan – part of Covanta’s submission to the EA – revised under Schedule 5* no longer available on EA website

Environmental Permit – issued by the EA in January 2018

screenshot for website re permit 3 2 1

screenshot for website re permit 2 3 1

screen shot of table in permit for websitepng

screenshot for website re Permit table 3 2

Decision Document – document issued by the EA with the permit January 2018

screenshot for website re DD page 172

Page 172 – Brief summary of issues raised and Summary of action taken / how
this has been covered 

screenshot for website re DD pg168

Page 168 – Brief summary of issues raised and Summary of action taken / how
this has been covered 

Contains public sector information licensed under the Open Government Licence v3.0