£1,000 bill for scrapped recycling plant plan

A company behind a proposed waste recycling plant has been ordered to pay costs after bosses gave up on an initial bid for the site a month before a planning inquiry.

Dudley Council and campaign group Say No tO Waste (SNOW) have been invited by The Planning Inspectorate to make an application for 'wasted and unnecessary expense' for the appeal hearing to Clean Power.

The inquiry was due to take place in June after the company appealed against the council's decision to refuse its proposal for the plant on land off Moor Street in Brierley Hill last year.

But the company abandoned the appeal in May in favour of resubmitting a new planning application to the council with added odour controls to address fears over smells from the facility.

SNOW has submitted a claim for just under £1,000, while Dudley Council is in negotiations over the award.

In a letter to SNOW, Ken McEntee, from The Planning Inspectorate, said: "In this case the appeal was withdrawn some three months after it was submitted.

"The appeallants' decision to withdraw the appeal when they did needed to be weighed against the risk of an award of costs.

"This risk was brought to the appeallants' attention.

"The view is taken that the appeallants would, or should, have been aware that by they did, causing the Brierley Hill SNOW campaign to incur wasted or unnecessary expense in preparing to resist it at the abortive inquiry.

"An award of costs will be made accordingly."

Mr McEntee said that a partial award of costs should be made for expenses from March 21. He said the award was on the grounds of 'unreasonable' behaviour.

Mr Lee said if the costs could not be agreed with the firm SNOW would consider applying to the High Court for the costs.

He said the group's claim was for £985.75.

He said: "It is clear that the appellants were warned at the outset by the Planning Inspectorate that if they were to withdraw their appeal without good reason, then they risked a costs order being made.

"The costs recovered will go into SNOW's fighting fund against Clean Power's new planning application, which is ongoing."

Mr Millar said: "Following the late withdrawal of Clean Power's appeal, the planning inspectorate has ordered that the council is entitled to a partial award of the costs that had been incurred.

"The amount of this award is now a matter for negotiation with Clean Power."

Clean Power lodged a new planning application for the plant last month. The firm says it will process about 195,000 tons of waste a year, creating energy for up to 10,000 homes, and creating 34 jobs.

A spokesman said: "It is needed so that the area does not continue landfilling and burning waste."