Energy company Envirofusion won planning permission from Derby City Council to test a new waste disposal system at its base on the former Hanson Concrete Works, in Alfreton Road, last year.
The permission allows for testing of the new system in an 18-month period and erection of a 20 metre chimney at the site.
However, the company’s plans met with objections from local campaign group, Opposing the Alfreton Road Incinerator.
On Friday, the group went to the High Court in an attempt to block the scheme.
Representing objectors, barrister Thea Osmund-Smith said the decision to grant planning permission was flawed and should be quashed.
The council’s planning committee had been misled about the effects of the proposals on local “heritage assets”, she said.
The committee had also not been given sufficient help in considering health and safety issues, including the risks of “fire and explosion”.
In addition, objectors had not been given enough time to respond to the plans, she argued, because a vital report was only published online five hours before the deadline for responses.
But High Court judge Mr Justice Supperstone said the objectors’ complaints were “misconceived” and “unarguable”.
There is no obligation in regulations for a local council to publish planning committee documents on its website, he told the court.
And the objectors had had “proper opportunity to participate” in the planning process, he continued.
“There is no evidence of any matter that could or should have been raised if they had more time to prepare,” he said.
He continued: “The committee was plainly provided with documents dealing with the risk of fire and explosion.
“The council were provided with the relevant documentation. The risk of accidents was specifically identified within the risk assessment [and a] plan was devised to manage that risk within the monitoring plan”.
“None of the grounds of challenge are arguable”, the judge concluded.
Article originally appeared on Planning Resource
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