Six weeks to challenge

Severn Waste Services has said it will carefully consider the grounds on which the appeal has been rejected before deciding on any action.

There is no further right of appeal and the firm must prove Mr Smith made a "serious mistake" or that the inquiry or a site visit was not handled correctly if it is to challenge his decision.

Any application to the high court must be made within six weeks of the decision.

Mr Smith found the firm had not carried out a "realistic" BPEO (Best Practicable Environmen-tal Option) assessment and that the incinerator would not meet recycling targets.

Severn Waste Services area director Phil Sherratt said: "We are naturally very disappointed with the decision. Along with our advisers and our client, the counties, we must carefully review all the points covered in the planning inspector's decision notice, which is some 50 pages long.

"This facility was a pivotal component in the councils' integrated waste management strategy that we are contracted to deliver and so all parties must consider carefully how we move on to achieve their objectives."

Worcestershire County Council leader Dr George Lord had mixed feelings.

He said while some would be "disheartened" by the decision, others will be "mightily relieved" - but he was satisfied the authority's planning committee's decision had been upheld.

He added while the contract with Severn Waste Services would continue, the waste strategy would need to be studied "at root".

Dr Lord also foresaw far-reaching consequences for Mr Smith's verdict.

"It's staggering to me that the public perception of risk should be a material consideration in the planning decision," he said.

"If that becomes a principle throughout the country you can imagine what might happen whenever there is a public perception of risk - there will be planning applications thrown out left, right and centre.

"This throws into question every planning application."