A JUDGE has refused Shasha Khan leave to appeal her decision to reject his legal challenge against the Beddington Lane incinerator - saying he has "no realistic prospect of success".
The Green Party activist now plans to go directly to the Court of Appeal.
Judge Justice Patterson upheld Sutton Council's decision to grant planning permission to the £1 billion incinerator following a two-day hearing at the Royal Courts of Justice in October.
Following the ruling, issued earlier this month, Mr Khan sought permission to appeal, a request Justice Patterson has today refused.
Explaining the decision, she wrote: "There is no realistic prospect of success or other compelling reason for a grant of permission."
Mr Khan, a prominent member of the Stop the Incinerator campaign, said: "As is normal, the high court judge has refused permission and effectively left the issue to the Court of Appeal to decide.
"We are undeterred and have the support of our legal team to file our request with the Court of Appeal.
"The only obstacle is finance and we are encouraged by the massive local support for our fundraising campaign."
Mr Khan, from Thornton Heath, took on financial responsibility for the legal challenge, including meeting Sutton and contractor Viridor's costs, which were capped at £5,000.
He fought the council's decision on four grounds, which were all thrown out by Justice Patterson.
His legal team has challenged that ruling on the first ground, namely that Sutton breached planning guidelines which stated the Beddington Farmlands site would become part of the Wandle Valley Regional Park in 2023.
The incinerator, if built, would replace an existing landfill site and burn 275,000 tonnes of rubbish each year.
It is being set up by the South London Waste Partnership, an agreement between Croydon, Sutton, Kingston and Merton councils.