On 29 November 2011 Collins J. rejected the challenge brought by Bristol City Council to the planning permission granted on appeal to Viridor Ltd at Avonmouth for an energy from waste plant and also dismissed a judicial review against the decision of the Secretary of State to award the costs of the appeal to Viridor. Collins J. held that the challenge was misconceived and that the Inspector and Secretary of State had been correct to interpret the West of England Joint Waste Core Strategy by reference to the important factor of increasing diversion of waste from landfill to waste management means higher up the Waste Hierarchy in accordance with national policy and the Waste Framework Directive. The Council, which refused permission against the recommendation of its officers and expert consultants ERM, were found to have misunderstood their own policy on waste recovery facilities.
James Maurici represented the Secretary of State.
David Elvin QC and Toby Fisher represented Viridor.
Rhodri Price Lewis QC represented Viridor at the inquiry.