A CAMPAIGNER is attempting to appeal against a high court judge's decision to uphold planning permission for the Beddington Farmlands incinerator.
Judge Justice Patterson ruled last Thursday that Sutton Council had followed correct planning procedures when it approved the £1 billion facility.
Shasha Khan, the Thornton Heath activist heading the legal challenge, confirmed to the Advertiser this afternoon (Monday) that he is trying to appeal the judgment.
His legal team today filed papers with Justice Patterson and Mr Khan said he would apply directly to the Court of Appeal if the application was unsuccessful.
"I can say, categorically, that this legal process is not dead yet - not by any stretch of the imagination," said Mr Khan.
The Stop the Incinerator campaign challenged the approval on four grounds, all of which were thrown out by Justice Patterson.
Mr Khan has sought to appeal on the first ground, specifically that Sutton breached planning guidelines that stated Beddington Farmlands site would become part of the fledgling Wandle Valley Country Park in 2023.
In last week's ruling, the judge said it was "abundantly clear" from the evidence that Sutton gave "full consideration" to what might happen after that date.
It is not yet clear when Justice Patterson will rule on the appeal application.
Sutton Council, which said it was "delighted" by the judge's decision, has not yet commented on the potential appeal.
The incinerator, which would replace an existing landfill site, would burn 275,000 tonnes of refuse each year and is being set up by the South London Waste Partnership, an agreement between Croydon, Sutton, Merton and Kingston councils. It will be built and operated by waste firm Viridor.
