A CAMPAIGN group has called for a judicial review into plans for a new waste recycling plant in Caerphilly county borough, claiming an “error of law” has meant planning permission for the facility is invalid.

Permission for the facility on land at the Nine Mile Point industrial estate in Cwmfelinfach was granted in December 2015, despite a series of protests held by residents with concerns over traffic and air pollution.

But The Lower Sirhowy Valley Residents Group has written to all Caerphilly county borough councillors, claiming the permission granted is ‘unlawful’ because an environmental impact assessment (EIA) was not carried out.


The group has received legal advice on the issue which said failing to carry out an environmental impact assessment was “an error of law”, causing the council to breach regulations and “invalidating the grant of planning permission”.

“Given that EIA was mandatory, the complete failure to carry out EIA is a substantial error going to the heart of the decision making process,” the group’s barrister said.

“An error of this magnitude would, in my opinion, justify an application for judicial review and a quashing order, unless there were good reason to exercise the court’s discretion against such an order.”

An environmental impact assessment assesses the environmental impacts of a proposed project.

Dr David Platt, from the residents’ group, has called for the council to take itself to a judicial review to get the planning consent quashed, allowing the applicant to submit a new application with an environmental impact assessment.

“Nobody is saying anything other than that this is a genuine error but the result of it unfortunately is to make it unlawful,” Dr Platt said.

Mr Platt said the group accepts residents will “not like every decision [the council] makes”, but he said all decisions made must be ‘lawful.’

Cllr Kevin Etheridge, leader of the council’s Independent group, has written to the council’s chief executive asking for “a full report into residents’ concerns of there being no environmental impact assessment”.

A spokesman for Caerphilly County Borough Council said: “We are currently considering the matter and seeking our own legal advice.”