Cheshire’s unitary councils are to seek Judicial Review against the Government’s decision to withdraw over £100 million of PFI support for the scheme to dispose of Cheshire’s household waste.
The decision – taken by Cheshire West and Chester and Cheshire East Councils - followed legal advice from Leading Counsel and meetings with DEFRA officials.
It is thought that the authorities’ legal advisors will next week apply to the High Court for permission to issue Judicial Review proceedings.
CWAC leader Mike Jones said: “We have decided to take this joint action because we believe that the methodology used by Defra to assess the merit of our scheme was seriously flawed.
“Also, it is our opinion that the assessment process has under-estimated the benefits which would accrue from that scheme.”
To date the two councils have spent over £4.5m on a lengthy procurement process, inherited by the legacy County Council, which led to the appointment of Viridor as the provisional preferred bidder.
The company’s proposal envisaged a mechanical and biological treatment plant at the former INEOS chemical works at Griffiths Road, Northwich.
Added the Leader: “We recognise the very real need for Government to make cuts to put this country back on a firm financial footing.
“However, a considerable amount of public money has been spent on a four-year process and I believe we have a duty to our council taxpayers pursue this issue with Defra.”
Councillor Wesley Fitzgerald, Leader of Cheshire East Council said: “Both councils believed that there was Government support for this scheme right up to the announcement that PFI credits were being withdrawn.
“Not only has much time, effort and money been wasted believing that we were approaching this issue in a manner which had government approval but this decision would take us back to square one.
“We are still in the position of having to find a sustainable method of disposing of Cheshire’s household waste over the next 25 years.”
Whilst Cheshire’s unitary councils are considering all options available to them, both face a major problem of dwindling landfill space.
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