Permission granted for Court of Appeal hearing against Portland waste incinerator

The legal challenge was launched in 2024 but rejected by the High Court in April 2025. Now, a judge has granted permission for the case to be heard in the Court of Appeal.

Plans for the incinerator were initially turned down by the council over concerns about the possibility of damage to the region’s heritage landscape, as well as a lack of compliance with local waste plans.

The council highlighted “adverse effects” that the development would have on the landscape, and said the incinerator would not be in line with the region’s waste management guidance.

In September 2024, developer Powerfuel Portland appealed to the government over the council’s refusal of planning permission.

A government planning inspector conducted an inquiry and advised that the development would have “limited harm” to the heritage landscape, and recommended that permission should be granted.

Following the grant of permission by the Secretary of State for Housing, Communities and Local Government, a legal challenge was launched by Debbie Tulett, acting on behalf of Stop Portland Waste Incinerator (SPWI).

In April, Mrs Justice Lang held in her judgment that points advanced by SPWI were “unarguable” and that a planning inspector’s decision to allow the project should stand.

Lang J found the inspector had been entitled to prioritise other elements of the plan, such as promoting self-sufficiency to manage the waste within the plan area and thus reducing waste miles, and addressing the need for 232,000 tonnes per year of capacity for managing non-hazardous waste.

“In my judgment, the claimant’s irrationality challenge does not come close to overcoming the high threshold required,” she said.
However, last week, a Court of Appeal judge gave permission for the claim to proceed in the appeal court, stating that the planning inspector’s reasoning had been “sparse”.

Leigh Day partner Ricardo Gama, who represents Debbie Tulett said: “Not only does waste incineration emit more greenhouse gas emissions than any other form of energy generation, our client believes that the Isle of Portland is a completely inappropriate place for an incinerator because it is not strategically connected to the main sources of household waste in Dorset. For that reason, Debbie is delighted that the Court of Appeal will hear her argument that the Secretary of State didn’t properly apply local planning policy which requires any waste incineration to be in the most appropriate location.”

The Department for Housing, Communities and Local Government and Dorset Council have been approached for comment

Lottie Winson