Protestors hoping to challenge plans for a major Carlisle incinerator have been forced to abandon their hopes to take it to the High Court.
Alisdair McKee was working towards a judicial review of the Environment Agency’s decision to allow the incinerator on land at Kingmoor Park Industrial Estate to go ahead.
But the Carlisle man said a lack of cash had stopped his bid in its tracks. It was hoped that Legal Aid would cover the call for a judicial review. The deadline for submitting a claim was July 12.
Mr McKee said: “I am deeply disappointed that we cannot progress plans for a judicial review. You need a lot of money to get justice. I can’t work at the moment because of ill-health. Getting Legal Aid funding is difficult and it hasn’t been possible before the judicial review deadline.”
The incinerator scheme by Fortum Carlisle Limited has been controversial since it was first mooted.
Campaigners said they were even more disappointed it had got the go-ahead as the Environment Agency has admitted it made an error in its planning process.
It stated that the applicant had carried out background air quality monitoring, but in fact, the applicant had only used publicly available data as part of its assessment.
However, the agency added, its air quality modelling and assessment unit audited the data and was satisfied the information was suitable and appropriate to use as part of its determination.
But campaign group Carlisle Residents Against Incinerator said the data used was from Eskdalemuir, a rural area in Scotland, and its members are concerned that air quality in the two areas – one urban, one rural – would be very different.
Helen Davison, Green Party councillor for Belah ward, said: “Residents were repeatedly told during the planning process that all their health concerns about the incinerator would be addressed by the Environment Agency.
“However, this admission of an error after the permit has been issued raises serious concerns about the adequacy of the Environment Agency’s assessment and further breaks down trust in the Environment Agency to protect our health and the environment.”
They are calling for the application to be looked at again.
The agency formally approved the incinerator in April and said at the time: “Following a public consultation, we have accepted a permit application for Kingmoor Energy from Waste, in Carlisle.
“We understand that this may not be the news some people were hoping for. However, we are unable to refuse a permit if we cannot find any evidence that the operation of such a site may cause significant harm to the environment or to human health.”
