Permission granted for Court of Appeal hearing against waste incinerator on Isle of Portland

The decision by the government overruled Dorset Council’s unanimous refusal of the proposed development in March 2023, and is now being challenged by Debbie Tulett on behalf of campaign group Stop Portland Waste Incinerator.

The legal challenge was launched in 2024 but knocked back by the High Court in April 2025. Now, a judge has granted permission for the case to be heard in the Court of Appeal. 

Plans for the incinerator were initially turned down by Dorset Council over concerns about the possibility of damage to the region’s heritage landscape, as well as a lack of compliance with local waste plans.  

The council highlighted “adverse effects” that the development would have on the landscape, and said that the incinerator would not be in line with the region’s waste management guidance. 

This guidance states that waste management developments should be located near major sources of waste in Dorset. As the Isle of Portland is only joined to the south coast and the rest of Dorset by a narrow causeway and beach, it can occasionally be inaccessible due to weather and sea conditions. 

The Isle also sits on the Jurassic Coast – a UNESCO World Heritage Site – and is surrounded by countryside designated as a National Landscape (previously known as an Area of Outstanding National Beauty). 

In September 2024, developer Powerfuel Portland appealed to the government over the council’s refusal of planning permission.  

A government planning inspector then conducted an inquiry and advised that the development would have limited harm to the heritage landscape and would comply with local waste disposal plans, contrary to the council’s own investigations. 

The planning inspector recommended that planning permission be granted for the incinerator development, which was given by the Secretary of State for Housing, Communities and Local Government that September, overruling Dorset Council. 

In October 2024, Debbie Tulett, acting on behalf of Stop Portland Waste Incinerator (SPWI), filed a legal challenge against the Secretary of State’s decision to grant planning permission. 

The High Court ruled against the legal challenge in April but this week, a Court of Appeal judge gave permission for the claim to proceed in the appeal court, stating that the planning inspector’s reasoning had been “sparse”. 

Leigh Day lawyers representing Debbie and SPWI argue on their behalf that the planning inspector’s report did not give any adequate explanation as to how the incinerator complied with local waste disposal regulations. They say that the High Court judge was wrong to rely on this report in its ruling against the claim. 

Debbie Tulett of Stop Portland Waste Incinerator said: 

“I am absolutely delighted that our argument that the Dorset Waste Plan has not been complied with has finally been recognised and I have been vindicated for pushing this point all the way to the Court of Appeal, where hopefully justice will finally be done and the government’s decision to grant planning permission will be quashed.” 

Leigh Day partner Ricardo Gama, who represents Debbie, said: 

“Not only does waste incineration emit more greenhouse gas emissions than any other form of energy generation, our client believes that the Isle of Portland is a completely inappropriate place for an incinerator because it is not strategically connected to the main sources of household waste in Dorset. For that reason, Debbie is delighted that the Court of Appeal will hear her argument that the Secretary of State didn’t properly apply local planning policy which requires any waste incineration to be in the most appropriate location.”