CAMPAIGNERS against a planned waste to energy burner for Keighley have been told they cannot appeal against a judicial review decision which went against them.

The Aire Valley Against Incineration (AVAI) group and its supporters had challenged the Bradford Council decision to approve the proposals by Endless Energy Ltd for the facility on land next to the Aire Valley Bypass.

But the judicial review went in favour of the council. AVAI now says its attempt to appeal against that ruling has been refused by the High Court.

A group spokesman explained: “Bradford Council’s 2017 planning approval stands and we’ve no realistic grounds for appeal. However, the conditions of planning are not yet fully discharged. The developers still have to receive approval for many outstanding items such as – but not limited to – the building’s cladding.

“Until all outstanding conditions are discharged, no construction can take place. The developers need to apply for an environmental permit to operate the plant, and the Environment Agency (EA) will undertake full public consultations on any permit application. The results of the consultation can and will influence the outcome. There’s been several instances recently where planning has been approved but an environmental permit was not issued.

“We’ve prepared a significant body of evidence to be presented to the EA to challenge Endless Energy’s permit application. An increasing number of planning applications for new incineration plants have been refused. Many more are being investigated after the fact and operating permits being reviewed.

“There are a rapidly increasing number of campaigns working together under the umbrella of larger bodies such as United Kingdom Without Incineration Network. This is putting pressure on planning, local, national and international government and public health organisations to realise the risk these ‘cash cows’ pose to human health and recycling rates.”

Keighley MP John Grogan said: “Every day that goes by without work starting on the incinerator is a good day and the court case has played an important role in that regard. I’m confident that before too long, and possibly as soon as the next Budget in November, a tax on incinerator waste will be introduced which will mirror the impact of the landfill tax.

“This would impact greatly on the viability of any new incinerator.”