Capel issues its challenge against the Surrey Waste Plan
Capel’s challenge against Surrey County Council’s adoption of the Surrey Waste Plan has been issued today (16th June 2008) in the Administrative Court, High Court of Justice, Queen’s Bench Division.
The challenge is being pursued under section 113 of the Planning and Compulsory Purchase Act 2004, in the name of Capel Parish Council.
The Particulars of Claim cite 14 grounds, which include:
- the absence of robust and credible evidence in the process of site selection
- the status of the Clockhouse Brickworks site
- the evidence bases on health and air quality, traffic generation, landscape impact and nature conservation
- a failure to apply the proximity principle
- a wrongful approach to the countryside
- an unlawful approach to the Test of Soundness
- a failure to comply with the requirements of the Habitats Directive, which places the County Council in breach of European law.
In the light of this substantive challenge the applicant, Surrey Waste Management should now withdraw its flawed planning application. If the applicant fails to do so Surrey County Council’s Planning and Regulatory Committee should not attempt to determine the application until the outcome of the challenge to the Waste Plan is known.
From a Capel Action Group press release
16th June 2008
