NEWS FROM HIGH COURT 17-18th Dec.
The barrister Alex Goodman' case explained why Cardiff Council’s repeated delay to enforce against Viridor’s unlawful building work and failing to require retrospective permission was unique in British law. Then Cardiff Council’s lawyer took 80 minutes, making brash assertions, some obviously in error. Viridor's barrister came in on Cardiff's side, claiming nothing wrong with starting building 8 months before permission, despite the Council telling them it was unlawful. There followed detailed argument on case law (Whitley Principles) then judge Wyn Wuilliams reserved his decision till later in January.
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In an action brought by Cardiff
Against The Incinerator campaigner Pauline Ellaway, barrister Alex Goodman told
Judge Wyn Williams the authority had flouted regulations and allowed waste
management firm Viridor to build in Splott when it should not have done so.
Dubbing the council’s actions
“procedurally inept” he claimed the authority’s reports and consultation
process were flawed and that it failed to stop work when it should have.
Mr Goodman insisted CATI’s
“submissions fell on deaf ears because work was allowed to proceed.”
“No robust action was being taken in
respect of development that was continuning apace,” Mr Goodman said.
Construction of the £185m plant
started in July 2012 before planning conditions had been met.
Developers must “obtain consent and
then commence works,” Mr Goodman insisted. “It is a simple sequence,” he said.
CATI’s solicitors repeatedly sent
letters requesting enforcement be taken.
“Throughout the claimant has taken
considerable action to encourage the council to take action,” Mr Goodman said.
“The council has always acknowledged
it was unlawful and that the development was at risk.”
Despite this Mr Goodman said the
authority allowed work to go ahead.
