A COUNCIL has admitted “making an error” in relation to the planning process of a proposed incinerator plant for Carlisle.
The application for an Energy from Waste incinerator plant at Kingmoor Park was initially approved by Cumbria County Council in October 2016.
In 2019 an amendment to the application was approved and the the deadline for the beginning of the construction of the incinerator was extended - something Carlisle Residents Against Incinerator (CRAIN) claim should not have happened.
The county council has said the extension to the start date for the development still stands, despite admitting an administrative error being made ‘when granting the permission’.
A Cumbria County Council spokesman said: “Cumbria County Council has identified an error in relation to the planning process.
“The error that occurred on the application was an administrative error.
“The law clearly states that administrative acts are valid unless and until quashed by a court.
“However, the time for any such challenge to be brought has now passed.
“Therefore, while the council accepts that an error was made when granting the permission, the extension to the commencement date for the development stands.
“An independent review has been commissioned by the council to investigate how this came about and to learn from it.”
Since the proposal for the incinerator was made, CRAIN has been opposed to it on various grounds, including fears over the worsening of air pollution in the local vicinity.
The organisation claims that if the administrative error extended the expiry date of the planning permission, then it believes the council exceeded its powers.
David Mudge of CRAIN, said:“Our legal advice is that this planning application has expired, but Cumbria County Council is refusing to acknowledge the expiry.
“However, regardless of whether Cumbria county should have known better, the issue now is what is Cumbria County Council going to do about it?
“The council has admitted errors (plural – not just one error) and residents have pointed out other failings in the council’s handling of the planning permission.
“Carlisle residents want a council that acts for them, not against them.
“Why does Cumbria County Council consider that an incinerator with an expected lifetime of about 30 years should be permitted in Carlisle because of an administrative error?
“The county council needs to be held to account.”
Green Carlisle City councillor for Belah and Kingmoor, Helen Davison, said: “The county council is sticking to its previously stated position and has previously admitted errors to residents.
“However it has not explained what they all are and there has been no explanation to residents as to why they are unwilling or unable to correct their errors, especially with regard to the expiry date of the planning application.
“What residents want is honesty, transparency and full explanations from the council which to date have not been forthcoming.
“Given that an error has been identified in this process that means the planning application would now seem to have expired and the county council is not willing to take the right action by residents with regards this error is more than disappointing.
“I have to question in whose best interests the county council are working - as it does not seem to be in the best interests of local residents.”
Cumbria County Council has said no start date for construction of the incinerator plant has been set.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel