We have been successful, there will be no incinerator, but we still need to raise a final £10000.
It has been confirmed by the landlord of the proposed site of a new test incinerator on Alfreton Road, Derby, that the company behind these plans, Envirofusion, has vacated and that the site has been re-let to a company that is not in a business connected to development of a proposed incinerator.
Successful in the Court of Appeal
In parallel with the above developments, we also learnt over the summer that we have been successful in the Court of Appeal. The decision of the High Court not to grant permission for a Judicial Review was overturned by the Court of Appeal and we were granted permission for a Judicial Review.
This is a vindication for us and the arguments we had been running in the court process, as we always believed they had merit and had not been properly considered by the High Court - in particular the arguments about the absence of any proper Health and Safety assessments.
The next stage would be for the full Judicial Review to be heard back in the High Court but obviously now it is clear Envirofusion have left the site and it has been confirmed that the site has been re-let to a company who are not interesting in using the planning permission, it therefore seems pointless to continue with the legal proceedings.
Conclusion to the legal proceedings
We do however need to negotiate a proper conclusion to the legal proceedings and hope that it may be possible for it to be agreed with Derby City Council and Envirofusion that the planning permission will be quashed, and for the costs orders secured against us by Derby City Council and Envirofusion also to be quashed. But this remains to be seen.
Negotiations are ongoing via our solicitors. All this costs money and our legal costs are ongoing plus the legal fees for going to the Court of Appeal, which comes to a total of £10000 to pay our legal fees and put this all to bed!
We have won but STILL NEED to raise a final £10000
We have won. We have succeeded in our aims. There will be no incinerator on Alfreton Road. But we STILL NEED YOUR HELP to raise a final £10000!
However much you feel you would have donated to know the incinerator threat was going to go away, please do contribute that sum now.
Please spread the word and donate what you can to finish this.
We also have some further fundraising events coming up including a fantastic wine tasting evening on October 10th - please do come along and celebrate this brilliant news with us.
THANK YOU ALL FOR YOUR HELP SO FAR. LOOK AT WHAT WE HAVE ACHIEVED!