The Rookery South (Resource Recovery Facility) Order 2011 - The Rookery South (Resource Recovery Facility) Order 2011 Contents

Petition No. 35 (Waste Recycling Group Ltd, WRG Waste Services Ltd, and Anti Waste Ltd)

30.  The fifth petition, also a petition of amendment, came from WRG, which also owns rights in some of the land that Covanta would be entitled compulsorily to purchase under the Order. The petition proposed amendments that would have excluded from the powers over land conferred by articles 17 to 26 of the Order all land and all rights and interests in or over land that were owned by the companies on 22 November 2011.

31.  WRG did, to their credit, present a case based on the 'special land' provisions that triggered our proceedings. Their land is not, in fact, 'special land', but some of it is believed to be directly below the special land (the highway authority owns the top two spits of the land, but the subsoil beneath is owned by the companies). They also demonstrated that the introduction of the large Covanta facility would have a substantial impact on the area's waste management market, in which WRG is one of several competitors. They argued, too, that a restrictive covenant that currently applies to part of their land, and which would prevent the Covanta facility from being built, should not be overreached.

32.  We do not doubt that the introduction into the area of a new and large-scale competitor will present commercial challenges to WRG and to others in the local waste management industry. That is, however, no reason for us to object to the Order. We note, too, that the Order already contains provision for WRG and the other companies concerned to receive compensation for the loss of rights in the land that Covanta will purchase under the Order. We concluded that there was no case to answer in respect of petition No. 35.

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Prepared 28 February 2013