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Sutton Council put on notice over incinerator Judicial Review

Justine Thornton, the barrister wife of Ed Miliband, the leader of the Labour Party, has today overseen the issuing of formal notice to Sutton Council that a Judicial Review is to be sought over the decision to build a multi-million-pound waste incinerator on Beddington Lane, close to the borough boundary with Croydon.

Barrister Justine Thornton: has put Sutton Council on notice over a Judicial Review

The letter refers to council planning decisions dating back 20 years which established a policy of preserving and enhancing the Beddington Farmlands as an area of Metropolitan Open Land, the urban London equivalent of Green Belt.

The letter was issued by lawyers acting on behalf of Shasha Khan, the leader of the Sutton and Croydon Green Party and one of the founders of the Stop the Incinerator Campaign. The lawyers threaten to file a judicial review in the High Court unless Sutton Council withdraws planning permission for a multi-million pound incinerator.

You can read the lawyers’ “letter before claim” in full by clicking here.

Sutton has two weeks to respond to the legal arguments.

Sue Willman, Khan’s solicitor, said, “We believe Sutton has acted unlawfully. They have failed to demonstrate the very special circumstances needed to build an incinerator on Metropolitan Open Land.

“Mass burn incineration is an outdated and unsustainable technology and there are major questions about its effect on people’s health. This case is just one of many which local people are bringing across the UK to stop an army of waste incinerators being built when councils should be focused on cleaner renewable energy and recycling.”

Khan is still fund-raising to pay for the legal costs of the court challenge. “We hope the thousands of Londoners who care about clean air and migrating birds and open space will support our legal case,” he said.

“This mass burn approach also puts off recycling efforts. Sutton should be forward thinking like Southwark who have just developed a modern and sustainable solution that separates out the contents of black bag waste for recycling and reuse of raw materials.”


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