
Legal challenge issued to government’s decision to overrule Dorset Council over planned waste incinerator on Isle of Portland
Debbie Tulett of Stop Portland Waste Incinerator has filed a legal challenge against a proposed waste incineration development on the Isle of Portland which Dorset Council initially rejected.
Posted on 28 October 2024
Plans for the incinerator were originally refused unanimously by the council in March 2023 over concerns about potential damage to the region’s heritage landscape, as well as a lack of compliance with local waste plans.
However, the decision was overturned by the government in September 2024 following an appeal by developer Powerfuel Portland.
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.
The Isle of Portland is located off the south coast of England and only joined to the mainland by a narrow causeway and beach, which is occasionally inaccessible due to weather and sea conditions.
It sits on the Jurassic Coast, which is classed as a UNESCO World Heritage Site, and is surrounded by landscape designated as an Area of Outstanding National Beauty (AONB), now known as a National Landscape.
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.
Now, 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.
The grounds of 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.
Debbie Tulett of Stop Portland Waste Incinerator 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."
“The Isle of 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.”
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.”

Plans to expand oil and gas production site in Lincolnshire quashed
North Lincolnshire Council has conceded that planning permission for the expansion of a fossil fuel extraction site in Wressle should not have been granted following the threat of legal action from environmental campaigner Sandie Stratford.

Windrush Against Sewage Pollution challenges Oxford housing developments over sewage concerns
Campaign groups Windrush Against Sewage Pollution (WASP), Evenlode Catchment Partnership, and Upper Thames Fisheries are challenging Oxford City Council and South Oxfordshire District Council over two proposed housing developments which they say could be too much for the city’s sewerage system.