Worried residents outline health concerns at Sowerby Bridge incinerator permit appeal inquiry

Calder Valley Skip Hire Ltd’s appeal against Calderdale Council’s failure to determine an environmental permit application to operate a small waste incineration plant at its Belmont site in Sowerby Bridge opened on Tuesday (November 29) in Halifax.

Planning Inspector John Woolcock, who is overseeing the appeal, was told there were numerous concerns over the plans from people in the town and the surrounding Ryburn Valley including the impact on health.

In a packed meeting room, residents argued that as the council was not opposing the granting of a permit at this appeal, the public were effectively the opposition to it.

But because of an error which meant a lengthy delay before the public were notified of the appeal – and for which the council has apologised – and a prescribed 15-day consultation process begun, they claim the local authority had, in effect, a longer period of time than residents to research and prepare a case.

For Calderdale Council, counsel John Barrett said it considered it had no legitimate grounds to resist granting a permit subject to appropriate conditions, and in this the Inspector was invited to direct the council to grant the environmental permit.

But resident George Pickles said the public did not have adequate time to seek appropriate technical advice.

This was needed because, regarding the council, he said: “We appear to be the opposition, for they have rolled over.”

He told the inquiry it was an extremely complex issue for the public to understand.

“The public live in the area – you guys come from further afield.

“We are worried about people’s health – health is what we have to discuss and try to protect,” he said.

David Pugh, representing residents, said accessing dense and difficult documents was difficult for people and phraseology like “uncertainty”, “unlikely” and “may not happen” was seen differently when you might live next door to it.

Calderdale councillor Steven Leigh (Con, Ryburn) said: “I find it astonishing the council has rolled over and they think this is a suitable development.”

The incinerator was in the valley bottom and in the vicinity of schools and he felt the process was “deeply flawed”.

He agreed the 15-day period was only that which would been allowed had the appeal come to the public’s attention when it should have.

But the council had the time in between to “nail their case and take the best advice”, said Coun Leigh.

Coun Audrey Smith (Lab, Sowerby Bridge) and residents Richard Frost, Richard Davies and Michael Foster were very concerned about monitoring, including the ability of a cash-strapped council to do this.

Mr Barrett, for the council, and Satnam Choongh, counsel for appellants Calder Valley Skip Hire, said emission limits were set down to ensure human health, were not specific to one place but were levels set to protect the community, including the most vulnerable.

The hearing was told the Planning Inspector who had ruled on the planning appeal, Ian Jenkins, had concluded the impact of the small waste incinerator plant’s emissions on people’s health would be “negligible.”

Issues being discussed included monitoring, including wording of a possible permit, and enforcement.

A complicated and controversial history has seen Calderdale Council refuse permission for the incinerator, that decision being overturned by appeal to the Planning Inspectorate, and objectors winning the right to a judicial review of a decision by the council’s Cabinet to grant an environmental permit in February last year, following which the permit was quashed.

Following this the status of the permit application was deemed to be “undetermined” and the council had not made its decision within the time provided, argues the company’s legal team, hence this appeal against non-determination.

The permit, a separate process to the planning permission, is necessary for the company to be able to operate the small waste incinerator plant.

In October 2022 a senior Calderdale councillor apologised to campaigners against Calder Valley Skip Hire’s plan to use a small waste incinerator at the Belmont Industrial Estate site for the way in which the issue has been handled.

Cabinet member for Resources, Coun Silvia Dacre (Lab, Todmorden) said it was “absolutely crucial” she apologised on behalf of herself, Cabinet and council for what was an “honest mistake”.

“As soon as that procedural defect was realised, we remedied it, the notice was served, the Planning Inspectorate have confirmed that this triggers the time limit of 15 days for submissions from those who wish to object.

“The Inspector will then consider all reports which would include those from any objectors,” she told a council meeting last month.

Mr Woolcock, who asked counsel questions including about availability of documents, said at this stage he was reserving his position as to whether, at the end of the inquiry, he was satisfied everyone had a full and fair opportunity to present their case.

Mr Choongh said regulations setting out the appeal process, including publication of documents, were clear and timescales allowed for responses had also been observed.

The council had not determined the application at all – what it did or failed to do was of no legal consequence in this latest process, he said.

The appeal, held at The Caygill Rooms at Halifax Piece Hall, is being heard over two days – and will also include a site visit.

Mr Woolcock will then consider all representations and make his ruling.