A CAMPAIGNER has applied to the Court of Appeal for permission to appeal against a high court judge's decision to uphold planning permission for the Beddington Farmlands incinerator.
The application comes after a judge refused Green Party activist 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".
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 refused on November 21.
Explaining the decision, she wrote: "There is no realistic prospect of success or other compelling reason for a grant of permission."
But yesterday an application for permission to appeal this decision was filed on behalf of Mr Khan by his solicitors, Richard Buxton Environmental & Public Law.
The grounds for appeal lie in the judge's approach to the waste policies governing the use of the Beddington site and the assessment of whether very special circumstances exist to justify the harm caused by the proposed development.
The Court of Appeal will now decide whether to grant permission to appeal, a process which could take several weeks.
Mr Khan said: "I met with residents, conservationists and the Beddington Farmlands Bird Group on Tuesday [November 25]. Those present encouraged me to fight on and apply directly to the Court of Appeal. It was something I was actually quite keen to do.
"Naturally, to continue, funds are needed to keep the fight going, and I hope I can count on supporters to donate to the campaign once again."
Mr Khan added that Richard Buxton solicitors are representing him after Sue Willman of solicitors Deighton Pierce Glynn had to stop because of the tight deadlines for submission.
Ms Willman said Richard Buxton have a "long, proud record" of securing environmental justice.
"This case proves that there is no level playing field for access to justice in environmental cases, even where the outcome is as important as this case is for the welfare of the local community," she added.
Adrienne Copithorne, partner at Richard Buxton, said the company were pleased to take on the case.
He said: "It has been a difficult journey to get to this stage but the issues at stake warrant the continued efforts. We admire Mr Khan's tenacity and that of his supporters."
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.
