High Court Upholds Portland Waste Incinerator Permission
Planning and Environment, Public Law and Judicial Review
This morning Lang J handed down Judgment in a statutory challenge against the grant of planning permission for a proposed incinerator, which is to be an energy recovery from waste facility, on the Island of Portland in Dorset.
Ryan Kohli successfully defended the challenge on behalf of the Secretary of State.
In refusing the claim, Lang J upheld the Secretary of State’s decision and her agreement with the Inspector’s Report. The Court reiterated that the correct approach is to start from the presumption that expert decision makers must be taken to understand the relevant policy framework and confirmed that her reasons for the grant of permission, which should be read in the context of the way the case was advanced before the Inspector, were wholly lawful.
Ryan is a leading public, planning, environmental and property law practitioner. He is consistently ranked in Chambers and Partners and Legal 500 directories of highly rated barristers and is appointed by the Attorney General to the A panel of Junior Counsel to the Crown.
Read the final judgement here.
The story has been reported by several media outlets, including the BBC.
