A High Court decision on plans to build an incinerator in County Durham has been delayed, after a judge admitted he needed more time to consider his ruling. 

Project Genesis appeared in court to appeal the government’s decision to reject its proposal for the facility in Consett.

The local regeneration organisation hopes to overrule thousands of objections from residents and a planning refusal from Durham County Council (DCC) to build the energy centre at the Hownsgill Industrial Park.

Campaigners said it would be a danger to local health and criticised the physical appearance of the proposed facility. It would have a 50m-high chimney stack and would process up to 60,000 tonnes per year of commercial and industrial waste. 

The Northern Echo: Campaigners outside Durham County Hall Campaigners outside Durham County Hall (Image: The Northern Echo)

Planning permission was initially refused by DCC in September 2021 but Project Genesis has since mounted several appeals in a bid to see the application accepted. The government Planning Inspectorate then recommended for permission to be granted after a public inquiry, however that was later disputed by the Department for Levelling Up, Housing and Communities in June 2023. 

The appeal has now reached the High Court, where both parties met on Monday in Leeds. A hearing before Mr Justice Fordham heard how Project Genesis are recognised locally for the regenerative economic benefits they have brought to the area, including jobs and investment. 

Andrew Tabachnik KC, for Project Genesis, said: “This particular project was intended by the trust as its next major regenerative project in the area. The thinking was that there was a clear justification for establishing a facility that would divert waste categories away from landfill. 

“Processing these particular waste streams would generate usable power of electricity and heat.”

The Hownsgill Industrial Park is built on the site of the former Consett Steelworks, and it is hoped its expansion will attract more businesses and investment to the area. New housing developments are in line to be built in open spaces surrounding the site.

Mr Tabachnik added: “The facility would not only be located within a long vacant plot, the intentions is that by offering the power at a significant discount, that would prove to be a catalyst to attract new businesses and job-providing opportunities to the Hownsgill Industrial Estate.”

Such businesses that would benefit include Greencore - a nearby food processing company, the court heard. 

The latest government refusal centred around the significant harm to the character and appearance of the landscape, while also mentioning how it would also impact public health and housing demand. 

Yet Project Genesis argued in court that the Planning Inspectorate and Secretary of State both reached different interpretations in relation to the impact it would have on the area. 

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Campaigners and residents continue to oppose the proposal and were present in court on Monday to follow the proceedings.

In a statement following the notification of High Court proceedings last year, the Say No to Consett Incinerator group said: “It is a thoroughly shameful decision on their part. How can Project Genesis, a body that is supposed to be redeveloping the ex Steelwork’s land on behalf of the people believe that it is acceptable to use their funds to make such a legal challenge?” 

A judgement was due to be delivered on Monday, but the proceedings were delayed further when Justice Fordham said he will publish his decision at a later date.