Cllr. Nick Ireland, Leader of Dorset Council, has now received a reply from Mary Creagh CBE MP, Parliamentary Under Secretary of State for Nature, responding to his request that the Department for Environment, Food & Rural Affairs (Defra) intervene following the government’s decision to grant planning permission for the proposed incinerator in Portland.
Cllr. Ireland said “This is another disappointing response from the government that fails to address the core points raised, most importantly how they can justify granting permission for a facility that will most likely not adhere to their own newly tightened rules regarding future waste incineration.
“Despite the lack of engagement from the government over this important issue, Dorset Council will continue to fight alongside the residents of Portland against the incinerator. It is not needed and, even if it were, a World Heritage Site is entirely the wrong location for it. We look forward to seeing what happens with the statutory review at the High Court next month.”
You can find Cllr Ireland’s original letter at https://www.dorsetcouncil.gov.uk/news/update-government-responds-to-request-for-defra-intervention-regarding-incinerator
The response letter from Mary Creagh CBE MP reads as follows:-
Dear Cllr. Ireland,
Thank you for your letter of 26 November to the Secretary of State and Minister Hardy about Energy from Waste (EfW). I am replying as the minister responsible for this policy area and I and apologies for the considerable delay in doing so.
The government is committed to transition into a circular economy, a future where we keep our resources in use for longer, waste is reduced, we accelerate the path to net zero, we see investment in critical infrastructure and green jobs, our economy prospers, and nature thrives. As part of this, we are continuing to consider the role of waste incineration, including EfW, in the context of circularity, economic growth, and reaching net zero.
Defra published the Residual Waste Infrastructure Capacity Note and an accompanying statement on 30 December 2024. This set out that the government will only back new EfW projects that meet strict conditions. Proposals for new facilities will have to demonstrate a clearly defined domestic residual waste treatment capacity need to facilitate the diversion of residual waste away from landfill, or enable the replacement of older less efficient facilities. Additionally, new facilities will have to maximise efficiency and support the delivery of economic growth, net zero, and the move to a circular economy.
The Capacity Note shows that, as of 2022-23, there were certain areas in England where significant volumes of non-recyclable household waste were sent to landfill. The analysis also identified a need to divert non-household wastes away from landfill. Our priority as we transition to a circular economy is for greater waste prevention, preparation for re-use, or recycling; however, EfW continues to play an important role in diverting residual waste away from landfill.
The government encourages those developing EfW facilities (at all stages in the process) to consider forecast changes to future capacity, demand, and the government’s circular economy opportunities, in light of the evidence published in the Capacity Note. However, existing approvals for facilities, including those that have not yet begun construction, are unaffected by this announcement.
Regarding the granting of planning permission for the Powerfuel Portland incinerator, I understand that since you wrote, a claim for judicial review of that decision has been listed for hearing by the high court. Furthermore, as planning decisions are a quasi-judicial process, it is not appropriate for Defra to comment on the decision to grant planning consent of any proposed facility.
The Environment Agency (EA) are the competent authority for determining environmental permit applications in England and assesses all applications to make sure they meet the requirements of the Environmental Permitting (England and Wales) Regulations 2016. A permit allows the EA to regulate the site, ensuring the company uses Best Available Techniques, in order to prevent harmful pollution and to minimise environmental and human health impacts. The EA does not decide where an energy from waste plant gets built, or whether it is the right solution for treating waste in a particular area. This is a matter for the relevant planning authority and decisions on this basis cannot be made through the environmental permitting regime.
Thank you once again for taking the time to contact the Secretary of State about this important issue.
Mary Creagh CBE MP