Residents and Carlisle city councillors have vented their frustration at what they say is a failure on behalf of the county council to follow “proper procedure” when handling planning permission for a new waste incinerator.

The high-profile proposed development, to be sited on Kingmoor Park on the northern edge of Carlisle, was granted planning permission back in 2016, although changes to planned configuration has stalled its development.

Planning permission was granted for the development, for a total period of three years.

As per planning rules, full planning permission would normally have to be applied for once again if no development is started in that window.

Carlisle city councillor for Belah and Kingmoor, Helen Davison, who is also a member of the campaign group Carlisle Residents Against t

he Incinerator (CRAIN), said she understood that the only construction that had taken place at the site was the erection of an ecological fence to protect local newt populations.

“This however was one of the pre-development conditions that had to be met before development can commence,” Dr Davison explained.

“Therefore, surely it can’t be claimed, as the county council seem to be doing, that development has actually started if this is the only work that has actually taken place.”

In recent months, members of CRAIN have been seeking clarification as to why, now more than three years on, planning permission for the site has not expired, despite the fact that they understand no development to have taken place

Speaking on behalf of the CRAIN membership, Dr Davison urged the county council to clarify the situation.

“My hope is that the county council will come clean about where things are at, and whether development has or hasn’t started lawfully, and whether development actually has started,” she said.

“If development has started, we would like to see the evidence that all of the pre-development conditions have been met.

“If not, we are calling for it to go back through the full planning process.”

Dr Davison added that pursuing a judicial review was being considered, but there was a recognition that it would be extremely costly.

“I don’t see why residents should have to consider some sort of legal process, and having to look again to fork out money in order to question what has been done by the council,” Dr Davison said.

“It’s shocking that residents should have to look at raising a lot of money to challenge what would seem to be something going wrong in the council process.

“I hope the county council will review what has happened, and come clean about the current situation.”

Gareth Ellis, Carlisle City Councillor for Belah and Kingmoor says he understands the county council granted permission for a further three years, despite the fact that, as far as he understands, the council did not have the authority to do so.

“The county council extended the time that the developers have to carry out their works,” Mr Ellis said.

“They didn’t have the authority or the power to do so. They acted outside of their powers by extending the incinerator’s time to start work.

“What they’ve done to cover that up is claim that some of the preliminary works by the incinerator company has been carried out, and that the planning application’s time limit didn’t apply anyway. This appears to be false.”

Mr Ellis has submitted a complaint on this issue.

“I’ve put in a complaint to the chief executive of the county council on this matter on the grounds that I was misled by an officer of the council. I was told that it was necessary for the council to duplicate the further three years that had been granted to it.

“I was told they were obliged to do this. But I understand that this is not what the law says.”

Mr Ellis stressed that there was no fault on the part of the developer regarding this issue. And he added that this state of affairs does not call into question the validity of the incinerator itself on planning grounds.

“The county council is the one at fault, not the developer,” Mr Ellis said.

Cumbria County Council was approached by The Cumberland News for comment.