A residents group said that an independent report into a planning application for a new Energy from Waste incinerator in Carlisle shows “multiple council failings and serious issues”.
The application for an Energy from Waste incinerator plant at Kingmoor Park industrial estate 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.
The findings of an independent review into the planning application confirms that an error was made "in respect of the time condition attached to the permission granted" and that the law "does not permit any changes to the date that a development is to commence by".
David Mudge of CRAIN said that the group “welcomes” the report, but called for more to be done.
He said: “Cumbria County Council can no longer deny that the Council’s handling of the incinerator has been plagued with errors and failings right from the start.
“The Council’s response, by the same director who signed off the planning reports and decisions, is wholly inadequate to deal with the scale of the problem.”
The review into the planning application for the incinerator, conducted by the Planning Advisory Service (PAS), found that the date attached to the original planning permission “should not have been extended”.
However, it adds that “in the absence of a challenge being brought before the Courts in the required timescale” that the council was advised that “as a matter of law” the planning permission stands.
The review also found that a “lack of minerals and waste planning qualification and experience of senior officers and directors was raised by a range of interviewees in relation to the functioning of the planning team”, and that “officers dealing with applications on a day-to-day basis reported feeling that their professional judgement and expertise can be over-ridden”.
Mr Mudge added: “This independent report shows that residents are right not to have confidence or trust in the Council.’
‘The report says that errors need to be rectified rapidly and transparently. The Council continues to support its erroneous planning permission.
“The Council has not, and still is not, rectifying its mistakes.’
“We are aware of more important errors and failings than those shown in this independent report.
“The person from the Planning Advisory Service who carried out the review did a good job, but there are so many Council errors and failings I don’t think he had time to fully investigate them all.”
Chair of the Carlisle and District Green Party, Gavin Hawkton also welcomed the report, which he said was "damning in its findings".
He added: "This report shows shocking errors, failings and mismanagement by Cumbria County Council. The Council must change direction, scrap plans for the incinerator and do more to reduce waste and improve recycling.
"The council must be held to account for their incompetent handling of the incinerator and offer a full explanation to residents for the mistakes that have been made."
A spokesperson for Cumbria County Council said: “Cumbria County Council has now published the results from an independent review regarding the planning application process in relation to the Waste Plant at Kingmoor Industrial Estate, Carlisle. This review was carried out after the council itself had identified that there had been an administration error in relation to this planning process.
“The council commissioned the Planning Advisory Service (PAS) as an independent body to undertake a comprehensive lessons learnt report and this report will now been presented to the Councils Scrutiny Board on 2 September.
“The report contains a number of learning points which the council will now adopt but while the council accepts that an error was made when granting the permission, the extension to the commencement date for the development still stands.”
The council has been given a number of 'learning points' to help them avoid a repeat of any errors in the future.
One of the learning points suggests that a draft Development Control Improvement Plan should “finalised, published and implemented” so that a legal error in applying a condition extending the commencement time limit to an original permission is not repeated.
Another states that legal advice should be sought “where there is uncertainty over the appropriateness of use of [section 73] applications”.
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