I absolutely understand the concerns about Wisbech’s incinerator. However, I don’t think that should be reason to avoid challenging the decision to apply for a judicial review, Fenland’s response should not just be accepted.
My fear is that the decision to apply for a JR was done because the council felt it needed to be seen to do something, when it knew that an application was likely to fail. Remember it was our money that was used to make that application, my instinct is that so far it will have cost at least £100k.
Part of the legal advice process would have been a barrister telling the council what the likelihood of success was for an application for a JR. If, at that point, the advice was that an application was unlikely to succeed, the correct response should have been to tell us that this was the case and to not go forward with the application. My fear is that Fenland decided to go forwards, irrespective of that advice - because they had to be seen to do something.
Besr in mind that failing at this stage basically means that the judge decided there were no grounds for a Judicial Review, it wasn’t a judgement based on balance, that would have been the next step when the actual Judical Review happened. At this stage the judgement is that there is no basis to moce to the next step..
Because this revolves around legal advice, we will probably never know the truth, so I can’t say this for certain - but even though I understand the opposition to the Energy from Waste Plant, it is right to question whether applying for JR was wise.
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