Supreme court reject Kenninghall resident energy facility appeal

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A Kenninghall woman has met with final defeat in her long legal fight against plans for an energy from waste facility just 260 metres from her home. The highest court in the land, the Supreme Court, has refused her permission for one last appeal.

In April last year, by a majority of two to one, the Court of Appeal rejected Barbara Burridge’s appeal against a High Court ruling backing the grant of planning consent by Breckland Council to Greenshoots Energy Ltd for the facility. The plan is for the plant to use fermenting cattle slurry and chicken litter to produce biogas.

She sought the go-ahead from three law lords to mount a last ditch bid at the Supreme Court to have the planning consent quashed.

But Lady Hale, and Lords Sumption and Carnwath refused her permission to appeal, stating that her case “does not raise an arguable point of law”. They also found that it was not necessary to request the Court of Justice of the European Union to look at the case.

Mrs Burridge, of Heath Farm, Lopham Road, Kenninghall, near Diss, had claimed that the planning consents should be quashed on the basis that the Council failed to consider the overall facility – for which two separate planning applications were made – as a single “project” requiring a full EIA to consider the noise, smell and pollution impacts that would result. The Council granted two planning consents, one for a biomass renewable energy plant on land off Garboldisham Road and the other for a combined heat and power plant on nearby land at Crown Milling, Heath Road. Lord Justice Davis, in dismissing Mrs Burridge’s challenge said the Council had adopted a detailed screening opinion in March 2011.

He said Mrs Burridge had not given any substantive reason why, if the two proposals had been considered as one, the outcome in respect of planning might have been different.