THE first step toward legal action against the Environment Agency's decision to grant a permit for the construction of an incinerator within the city is underway. 

The Environmental Law Foundation, a charity that represents communities on issues regarding their local environment,  will be pursuing action on behalf of Alisdair McKee, a resident of Lowry Hill. 

The controversial plans to create an incinerator on land south of Kingmoor Park Industrial Estate were first approved by the EA in April. 

The plans have been actively opposed by local resident groups, health experts and Carlisle's Green Party, with groups advocating the EA's environmental assessment was 'inadequate', claiming the agency is not fulfilling its role in 'protecting the environment'. 

Although the permit has been accepted, the site operator will not be able to operate the site until the Environment Agency are satisfied that they have met all the pre-operational conditions - such as 'arrangements for monitoring emissions' produced by the plant.

Carlisle Residents Against Incinerator (CRAIN), who have been assisting the Environmental Law Foundation and Mr McKee, provided this statement: "CRAIN agrees with the legal concerns raised by this well-respected environmental legal charity on behalf of Mr McKee. 

"We consider the Environment Agency's assessment was inadequate. 

"The permit neither prevents nor minimises harm to human health and ecological sites.  The permit must be reconsidered," they said. 

Regarding the Kingmoor permit, a spokesperson for the Environment Agency said: "Following a public consultation, we have accepted a permit application for Kingmoor Energy from Waste, in Carlisle.   

  "We understand that this may not be the news some people were hoping for.

"However, we are unable to refuse a permit if we cannot find any evidence that the operation of such a site may cause significant harm to the environment or to human health.    

"We would like to reassure members of the public that, that the operator will have to obtain written approval from us around specified plans and procedures that must be in place before operating. For example, the arrangements for monitoring emissions to air and clarification of waste acceptance procedures.     

"Once the site is operational, our regular site inspections and pre-operational checks mean that we can ensure site operators are clear about their responsibilities to meet their environmental permit conditions and operate in a way that protects the environment," they said.