This was an application to quash the decision of the Secretary of State for Trade and Industry to grant consent for the construction and operation of an energy from waste generating station in the London Borough of Bexley under section 90(2) of the Town and Country Planning Act 1990 and section 36 of the Electricity Act 1989.

The development proposed was the construction and operation of an electricity generating station with a design capacity of up to 670,000 tonnes per year of mixed municipal waste. The energy would be generated through the incineration of the waste.

The issues
raised on the application were the proper interpretation of PPS10 and in
particular the concepts of the waste hierarchy, the proximity principle and
recycling.

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