RESIDENTS have been forced to abandon their plans to pursue legal action against the development of a Carlisle incinerator due to a lack of funds. 

Alisdair McKee, a resident of Lowry Hill, with the help of the Environmental Law Foundation and the Carlisle Residents Against Incinerator group (CRAIN), had put forward plans to pursue a judicial review of the Environment Agency's approval of Fortum Carlisle Limited's plans to create an incinerator on land south of Kingmoor Park Industrial Estate back in April. 

"I am deeply disappointed that we cannot progress plans for a judicial review of the Environment Agency's decision about the incinerator.  It is clear to me that the Environment Agency should not have granted the permit.  

"Everyone I know thinks the same," Mr McKee said. 

"You need a lot of money to get justice. I can't work at the moment because of ill-health. Getting legal aid funding is difficult and it hasn't been possible before the judicial review deadline." 

The deadline for filing a request to the court for a judicial review of the Environment Agency's decision was July 12. 

Despite the decision, residents continue to raise concerns on the back of the Environment Agency admitting an error within the planning process.

The EA admitted a background air quality assessment error, based on monitoring data from Eskdalemuir, a rural location in Scotland about 46km away - 'not representative of the proposed site'. 

In a letter to the Environmental Law Foundation, the EA said, in error, that ‘The Applicant has carried out background air quality monitoring to augment the data available from local authority monitoring’"

David Mudge, a spokesperson for CRAIN said: "The Environment Agency claimed the company carried out background air quality monitoring, but now admits that it didn't.  This is just one of many issues.  The permitting decision needs to be looked at again and corrected."

Helen Davison, Green Party Councillor for Belah ward said: "Residents were repeatedly told during the planning process that all their health concerns about the incinerator would be addressed by the Environment Agency.

"However, this admission of an error after the permit has been issued raises serious concerns about the adequacy of the Environment Agency's assessment and further breaks down trust in the Environment Agency to protect our health and the environment.

"I share my residents' deep sense of injustice about the whole process. They have been badly let down by all the authorities involved in enabling the incinerator, which shouldn't even be happening at this time of a climate and nature emergency.

"I will continue to support them in their actions to challenge it," she 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