Incinerator permission ‘should have lapsed’, say campaigners

Questions have been raised over whether work has genuinely begun on the controversial £200million incinerator scheme in Westbury before a key deadline expired last month.

The campaign group Westbury Gasification Action Group / No Westbury Incinerator (WGAG) says that, more than three years after the government’s Planning Inspectorate approved the scheme on appeal in February 2023, there has been no “meaningful” start on site that would keep the planning permission alive. Under planning rules, developers must carry out a “material operation” to start the work within three years before planning permission expires.

In a letter sent on 6th March to Wiltshire Council, WGAG argue that permission for application should now be treated as lapsed because it was not properly commenced before its statutory expiry date of 21st February this year.

An aerial photograph taken by White Horse News on Monday 23rd March shows the site.

“It is now over three years since planning permission was granted under appeal for this gargantuan project, a project, which evidence clearly suggest has not commenced in any ‘meaningful way’ since that decision in February 2023,” said WGAG. “This would, by way of common sense and public perception, confirm that the planning permission has expired, or lapsed, because it was not implemented within the required time limit.”

The dispute centres on whether the developer, Qair (linked to Northacre Renewable Energy and the Hills Group), has carried out a “sufficient material operation” to demonstrate that development has begun under section 56 of the Town and Country Planning Act 1990.

Qair wrote to the council on 6th February – two weeks before the deadline – claiming that a “material operation” had been undertaken, including the construction of a section of permanent circulation road and ongoing works, and asking the council to confirm in writing that the permission had been lawfully implemented.

WGAG argue that the work done on the site amounts only to “a tiny patch of hardstanding barely big enough to park a single vehicle on”, describing it as “little more than a spade in the ground”. They say because of this, “a simple opportunity exists” to stop the incinerator “in its tracks”.

White Horse News asked Wiltshire Council for its view on whether the works undertaken to date amount to a lawful commencement under section 56 of the Town and Country Planning Act 1990; whether Wiltshire Council has given Qair (Northacre Renewable Energy / Hills Group) any written assurance that the permission has been lawfully implemented and, if so, whether that correspondence can be made publicly available. The council was also asked to confirm whether it is satisfied that the current works on site are sufficient “material operations” in the context of a £200m‑plus project, and how this judgment has been reached.

In reply, Cllr Adrian Foster, Cabinet Member for Strategic Planning, said, “Our Planning Enforcement Officers are closely monitoring work at the Northacre site. We are satisfied that the work carried out so far falls within the definitions set out in planning legislation and is sufficient to implement the planning permission granted for the Energy from Waste facility.

“We have not issued any notice to Qair confirming that the permission has been lawfully implemented as we would only do that if a landowner requested a determination in accordance with proper procedures. However, we have made them aware of the formal process they can follow if they wish to seek confirmation.

“We will continue to monitor the site as the project progresses.”

The proposed facility has faced sustained opposition from residents and local councils including Westbury Town Council, but was approved on appeal by the Planning Inspectorate in February 2023 after being refused by Wiltshire Council.