High Court judge rules for CATI
We win our long delayed application for an emergency hearing!
Judge Curran agreed that Pauline Ellaway is a 'standard bearer' for many other members of the public who are deeply concerned about the incinerator development.
He ordered an emergency full hearing of Ms Ellaway's case at which all issues will be considered.
The Judge said “the actions of Viridor in the first place in proceeding to begin works prematurely, as they did, and of the council in protesting only after being prompted by CATI, and then effectively condoning such conduct” raise issues of “procedural propriety”.
CATI is pleased that the Judge ruled the Hearing should cover most of our points, though not the failure to consider impacts om the Severn Estuary (Habitats Directive assessment).
Dave Prosser of CATI said: “the judge slapped down the Council's assertion that our objections were 'unarguable'. Their planning committee had the legal case before them at their meeting in February, but led by their chair Cllr Michael Michael, failed to seek proper advice before they dismissed it, deciding then to risk public money on a court case”.
Max Wallis of CATI added:
“The judge has knocked another hole in Cardiff Council's plan to sign a contract with Viridor, with the High Court judge finding the company acted unlawfully in starting building works last July, action that Cardiff Council condoned by refusing to stop it. It's a further reason for the five Councils in Prosiect Gwyrdd to question the £600million 25-year contract to incinerate excessive tonnages of waste.”
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We expect the case will go for a 2-day emergency hearing at Cardiff High Court in December.
Cllr Michael Michael (chair of Planning cttee) exposed himself in the Echo on 3rd October, railing against legal aid funding. See our answer on cardiffagainsttheincinerator.blogspot.com and (hopefully) in the Echo or walesonline.co.uk letters.
Max Wallis 07714163254 - on behalf of CATI
Note that we continue to meet on Mondays in the Old Illts club, Splott Bridge.
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