Six councils and a private waste firm are taking legal action against a Stormont department over planning refusal for a waste incinerator, we can reveal.
Arc21 was set up in 2003 to act on behalf of Belfast, Antrim and Newtownabbey, Ards and North Down, Lisburn & Castlereagh, Mid and East Antrim and Newry, Mourne and Down councils.
The umbrella waste group has spent £553,927 of taxpayers’ money on the planning application and public relations up to January this year according to a freedom of information response.
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But despite efforts to win approval for an incinerator at Hightown Quarry in Mallusk, former Department for Infrastructure Minister Nichola Mallon refused it in March.
She said at the time: “There have been in excess of 5,000 objections to this application.
“This development could result in an increased market for waste disposal and to maintain a facility such as this, in addition to the other approved waste facilities, could discourage recycling.
“I am not persuaded there is a need for this specific facility. In that context I do not consider there to be any need for this proposal.”
While arc21 is behind the project, European waste management company Indaver was lined up to build the waste facility.
They argue that the SDLP deputy leader’s decision “went against the clear advice from the Strategic Planning Directorate to approve the project”.
And they say Northern Ireland needs a solution to landfill and the rubbish we export overseas.
But down through the years, the public and politicians have questioned the viability of the proposed plant because of residual waste figures and increased recycling.
In its long and speckled history, the project was first refused by Mark H Durkan as Environment Minister in 2015, after which the Planning Appeals Commission said it should be approved.
Civil servants later followed PAC advice and gave it the go-ahead when Stormont was last down, to the horror of politicians. Belfast High Court then ruled the move by Department for Infrastructure officials to be unlawful, as a minister was not in post.
Colin Buick, chairperson of community group No-ARC21, has been fighting the plant since the beginning over air pollution concerns.
“There is no safe level of [air pollution particles] PM2.5,” he said.
Speaking about the potential judicial review, he added: "We are shocked and disgusted that arc21 is seeking to squander more public money on this doomed project, by attempting to legally challenge a completely legitimate planning decision by a Stormont Government Minister.
"It is hard to believe that in a time of rising inflation and pressure on household ratepayer incomes, without even asking for permission from its member Councils, arc21 has decided to launch this legal action which could cost £500,000 –money which arc21 will need ratepayers to provide, via their Councils.
"No-Arc21 is calling on all six constituent arc21 Councils, to withhold consent for the Judicial Review and to refuse to fund it. The refusal of planning permission by former DfI Minister Nichola Mallon, is a perfectly legitimate and democratically accountable decision. It must be allowed to stand."
The Department for Infrastructure has confirmed that the decision of the second Stormont Minister to refuse the waste incinerator could now be subject to judicial review.
A department spokesperson said: “The Department is in receipt of a pre action protocol letter in relation to the arc21 decision and this is currently being considered.”
A spokesperson for Arc21 and Indaver said: "The organisations are challenging the decision by Nichola Mallon, the former Minister for Infrastructure.
"The decision went against the clear recommendation from the DfI Strategic Planning Directorate to approve the application, the fourth such time a recommendation to approve has been made, including by an independent Planning Appeals Commission review.
"Our proposals represent a quarter of a billion pounds investment in much needed public infrastructure.
"This council owned asset will deliver a local, resilient solution for arc21’s black bin waste and will directly contribute to NI’s energy resilience and security of supply through the generation of sufficient electricity to supply 30,000 homes.
"With the ongoing energy crisis, recovery of energy from our non-recyclable waste is more important than ever and reduces the need to import expensive fossil fuels. It also offers significant economic benefits to arc21 councils from the sale of this sustainable energy onto the national grid."
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