Portland Port welcomes a ruling by the Court of Appeal today in relation to an Energy From Waste (EFW) facility at the port.
Judges unanimously dismissed a legal challenge brought by EFW opponents against the Secretary of State for Housing, Communities and Local Government.
Powerfuel Portland received planning permission for the non-hazardous EFW from the Secretary in September 2024 after a thorough process that involved all relevant regulatory bodies, ensuring that robust levels of environmental protection will be met.
The legal challenge claimed that the Secretary of State failed to comply with a statutory duty to give reasons for their decision granting planning permission for the EFW in relation to the area’s Waste Plan.
Today’s decision confirms a previous dismissal of the case made by the High Court in April of this year.
A spokesperson for Portland Port said: “We welcome the decision by the Court of Appeal.
“Plans for the EFW have undergone considerable scrutiny, including a planning inquiry and appeal court hearing, as well as review by numerous regulatory bodies.
“This considered matters such as air quality, the environment, heath, traffic, noise and operation which have been assessed and approved through the planning and permits process.
“The port is outside of the world heritage coast and UNESCO has formally confirmed there will be no impact on geological features for which the area is designated.
“Modern EFWs are tightly regulated and monitored by the Environment Agency, to ensure that they operate safely and within statutory limits.
“The Portland EFW will generate baseload electricity, enhancing local capacity and enabling visiting ships, including cruise ships, to use shore power rather than their engines.
“Cruise lines are increasingly asking for shore power connections and providing such capacity will allow the port to retain and grow its cruise business, which is worth circa £10m to the local economy.
“Construction and operation of the EFW will also create employment and make a major contribution to the local economy with circa £180m of inward investment.
“It will also allow Dorset Council to take greater responsibility for the county’s non-recyclable residual waste in county, helping Dorset to meet national waste and climate policy targets.”
Portland Port has not been directly involved in the process of acquiring planning permission for the EFW and will not be funding or operating the facility. It will lease land to the operator of the EFW.
The spokesperson said: “We believe in being a supportive landlord.
“Significant effort had been made by Powerfuel Portland to ensure that the EFW will fit well within its surroundings on a brownfield and designated key employment site.
“The inspector at the public enquiry found that the facility is not out of scale or out of place and would sit as another functional building or structure of significant scale within the immediate and wider port context.
“We welcome the clarity this ruling brings and look forward to seeing Powerfuel Portland take this project forward and ensure the benefits of the project are delivered.”
