Eco Park proposal

This web page provides background information to the planning application for the Eco Park approved by Surrey County Council on 9 March 2012, the Environmental Permit approved by the Environment Agency on 8 October 2012 and the Council's application to the High Court to quash the Permit.

Environmental Permit Application

Spelthorne Borough Council submitted an application to the High Court on 7 January 2013 to quash the Environmental Permit issued by the Environment Agency on 8 October 2012. The Environment Agency responded to the Council and both SITA and Surrey County Council have provided assurances to the High Court that they will not implement that part of the Permit relating to the gasifier. The following provides further details of the basis for the proceedings and subsequent assurances.

The basis of the Council's application to the High Court is set out in the Pre-Action Protocol Letter of 14 December 2012 from the Head of Corporate Governance to the Environment Agency.

pdf icon Pre-Action Protocol Letter - 14 December 2012 [732kb]

The response from the Environment Agency dated 18 January 2013 and letters from both Surrey County Council and SITA Surrey Ltd of the same date are set out below.

pdf icon Environment Agency response January 2013 [210kb]

pdf icon SITA Surrey Ltd response January 2013 [124kb]

pdf icon Surrey County Council's response January 2013 [692kb]

The following letter of 24 January to 'all parties' and the position statement on the Judicial Review explain the assurances that have been given to Spelthorne Borough Council and why it has now discontinued the Judicial Review. The position statement of the Planning and Permit position provides a further summary of the background.

pdf icon Letter to All Parties 24 January 2013 [35kb]

pdf icon Judicial Review Position Statement 1 February 2013 [72kb]

pdf icon Planning and Permit Position Statement 1 February 2013 [62kb]

Background information on the Environmental Permit

A 'permit' is required from the Environment Agency (EA) before a waste facility can operate. SITA submitted a permit application to the EA for the proposed Eco Park facility on 20 January 2011.

On 29 May 2012 the EA published their draft report and notice of variation for public consultation. These documents, see links below, indicated that the EA was set to approve the permit subject to 85 conditions.

The Council raised some concerns with the EA about the draft report, which are set out in its letter of 29 June 2012.

pdf icon Environment Agency letter 29 May 2012 [28kb]
Environment Agency draft report 29 May 2012 [549kb]
EA draft notice of variation of permit 29 May 2012 [456kb]
Spelthorne Borough Council letter 29 June 2012 [200kb]

On 8 October 2012 the EA issued a formal approval of the 'permit' with variations from the draft to include more frequent monitoring of dioxins for the first 6 months and a required review of the arrangements for the routing of the boiler protection vents. The approval is set out in the following two documents:

Determination of an application for the variation of an Environmental Permit [831kb]

Notice of variation and consolidation with introductory note [435kb] - Charlton Lane Eco Park

Planning

On 9 March 2012 Surrey County Council's Planning and Regulatory Committee approved the Eco Park proposal subject to a large number of planning conditions. The committee report and decision notice can be viewed via the following links:

(1) committee report
(2) pdf icon SCC decision notice [441kb]

Background information on the Eco Park planning application

SITA UK submitted an application for an Eco Park at Charlton Lane, Shepperton to Surrey County Council (SCC) in November 2010. SCC is responsible for making the decision on whether or not to grant planning permission and is also responsible for all public consultation on the application - including consulting Spelthorne Council (SBC).

The Eco Park application was originally considered by Spelthorne's Planning Committee at a special meeting on Wednesday 26 January 2011 - view the committee report (Pdf 106kb). The Committee resolved to raise very strong objections to the scheme.
On 12 May 2011 Surrey County Council commenced a re-consultation on the Eco Park application and published a Planning Statement Addendum and an additional Environmental Statement - to view the the additional information select the 'Associated Documents' tab via the following link:

View the submitted plans and documents for the Eco Park application (10/00947/SCC)

Following SCC's re-consultation on the planning application, Spelthorne's Planning Committee again raised very strong objections to the scheme at its committee meeting on Wednesday 29 June 2011 - view the committee report and informed Surrey County Council (SCC) of its decision. Spelthorne Council also resolved that the Secretary of State for Communities and Local Government should 'call-in' the application and make the decision himself.

Surrey County Council considered the application at a special meeting of its Planning and Regulatory Committee on 30 June and decided to approve the scheme subject to planning conditions and referral to the Secretary of State.

On 2 December 2011 the Secretary of State announced that he would not be 'calling in' the Eco Park planning application to make the decision himself. He has instead allowed Surrey County Council to continue to make the decision on the application.