Agenda item

To consider the following Notice of Motion (2/24), submitted by Councillor Kemp:

Wisbech Incinerator 

This Council expresses its  continued strong opposition to MVV Energie's proposed 625,000-tonne capacity Incinerator close to the West Norfolk border in Wisbech and  notes with alarm that the Government granted a  Consent Order on 20 February, which, however, may soon  be subject to Judicial Review.

Council recognises that the operation would be carbon intensive and increase net carbon emissions, against the Norfolk Climate Change Strategy and achievement of Net Zero;  that new facilities of this nature are against the advice of the All Parliamentary Group on Air Pollution and the National Infrastructure Commission; that the East of England  already  has an over - capacity of incinerators; and this Council wishes to prevent the bringing of London's waste onto the Fens road network, and the shipping of toxic waste into Lynn's port for  transportation onto  West Norfolk's congested road network to Wisbech.

As a Statutory Consultee,  Neighbouring Authority and Interested Party at the recent Planning Enquiry,  this Council  supported the other neighbouring authorities, Fenland District Council, Cambridgeshire County Council and Norfolk Council in their opposition to the incinerator.

This Council will play a full part in any  upcoming Judicial Review and will make strong representations against the facility to the Court,  and will write to Government.

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Councillor Kemp proposed her Notice of Motion 2/24, seconded by Councillor Ryves.  Councillor Kemp spoke in support of the Motion. Councillor Ryves then spoke in support of the motion and commented on the cost of incineration, encouraging further sorting of waste.

“Wisbech Incinerator 

This Council expresses its continued strong opposition to MVV Energie's proposed 625,000-tonne capacity Incinerator close to the West Norfolk border in Wisbech and notes with alarm that the Government granted a Consent Order on 20 February, which, however, may soon be subject to Judicial Review.

Council recognises that the operation would be carbon intensive and increase net carbon emissions, against the Norfolk Climate Change Strategy and achievement of Net Zero;  that new facilities of this nature are against the advice of the All Parliamentary Group on Air Pollution and the National Infrastructure Commission; that the East of England  already  has an over - capacity of incinerators; and this Council wishes to prevent the bringing of London's waste onto the Fens road network, and the shipping of toxic waste into Lynn's port for  transportation onto  West Norfolk's congested road network to Wisbech.

As a Statutory Consultee,  Neighbouring Authority and Interested Party at the recent Planning Enquiry,  this Council  supported the other neighbouring authorities, Fenland District Council, Cambridgeshire County Council and Norfolk Council in their opposition to the incinerator.

This Council will play a full part in any upcoming Judicial Review and will make strong representations against the facility to the Court,  and will write to Government.”

Councillor de Whalley proposed the following amendments to the Motion, seconded by Councillor Parish:

“This Council expresses its continued strong opposition to MVV Energie's proposed 625,000-tonne capacity Incinerator close to the West Norfolk border in Wisbech and notes with alarm that the Government granted a Consent Order on 20 February, which, however, may soon   possibly be subject to Judicial Review.

Council recognises that the operation would be carbon intensive and increase net carbon emissions, against the Norfolk Climate Change Strategy and achievement of Net Zero;  that new facilities of this nature are against the advice of the All Parliamentary Group on Air Pollution and the _National Infrastructure Commission;that the East of England  already  has an over capacity of incinerators. and this Council wishes to prevent the bringing of London’s waste onto the Fends road network, and the shipping of toxic waste into Lynn’s port for transportation onto west Norfolk’s congested road network to Wisbech.

As a Statutory Consultee ,  Neighbouring Authority and Interested Party Host Authority at the recent Planning Enquiry Examination by the Planning Inspectorate,  this Council  supported the other neighbouring authorities, Fenland District Council, Cambridgeshire County Council and Norfolk County Council in their opposition to the incinerator.

This Council will play a full part in any  upcoming Judicial Review and will make strong representations against the facility to the Court,  and will write to Government.

The Council has commissioned external legal advice to assess the prospects of successfully challenging the Government’s decision. It will review this to determine whether there is a case for a judicial review to be brought jointly with neighbouring authorities. If there is, and the other authorities indicated in this motion agree with our assessment, Council will support the review in a proportionate manner.”

Councillor Kemp accepted the amendments, so the amended Motion then became the substantive motion.

In debating the substantive, Councillor Long commented on commitment to the vote taken previously against the incinerator, but expressed concern about the lack of financial information and consultation on the action being taken by others.

Councillors Devulapalli, Bone and Rust expressed support for the substantive and expressing opposition to the incinerator.

Councillor Squire reminded members that a Judicial Review was not a challenge on the outcome of the decision, but on the process undertaken by the Inspectorate, so wasn’t an opportunity to express disagreement with an incinerator.  She reminded members that any waste was incinerated so she encouraged all to reduce the amount of waste they produced.

Councillor de Whalley commented on the due diligence being carried out to protect tax payers money, but waste was incinerated.  He commented on the Fact that if new incinerators were built then waste reduction was more difficult.  He drew attention to the processes involved in a Judicial Review

Councillor Kunes drew attention to issues that residents in Clenchwarton were still experiencing with a landowner burning illegally on his land.

Councillor Dark drew attention to the cross party decision taken on the incinerator and the comments from the portfolio holder.  He asked what the motion would do –and what discussions had been taken with partner authorities and MPs to speak together.  He commented it did not appear to be joined up working on the legal advice.  Because he didn’t believe the motion provided information on the advice etc he would therefore abstain.

Councillor Beales had expressed some concern for the Motion but welcomed the amendment.  He didn’t consider it was a motion in isolation but was working with other authorities.  He considered it was important to obtain legal advice and to enable the council to continue to oppose the incinerator.

Councillor Parish expressed surprise at the comments made on cost.  He drew attention to the conditions for moving forward depending on moving forward with it proportionately.  He also referred to the time constraints of the Review, and the approach made by Fenland District Council.  He felt it important for the Council to take its own advice quickly. Cambridgeshire County Council was not progressing with a Review.  He considered the amended Motion removed inaccuracies and set out conditions on commitment.

Councillor Ware commented on the Judicial Review which could be very costly, risky and complex.  She supported the retention of the Council’s own legal advice.

Councillor Kemp summed up the discussion. The amended Motion was put to the vote and approved as follows.

RESOLVED:This Council expresses its continued strong opposition to MVV Energie's proposed 625,000-tonne capacity Incinerator close to the West Norfolk border in Wisbech and notes with alarm that the Government granted a Consent Order on 20 February which may possibly be subject to Judicial Review.

As a Host Authority at the recent Examination by the Planning Inspectorate, this Council supported the other neighbouring authorities, Fenland District Council, Cambridgeshire County Council and Norfolk County Council in their opposition to the incinerator.

The Council has commissioned external legal advice to assess the prospects of successfully challenging the Government’s decision. It will review this to determine whether there is a case for a judicial review to be brought jointly with neighbouring authorities. If there is, and the other authorities indicated in this motion agree with our assessment, Council will support the review in a proportionate manner.