In October 2009, Notts Wildlife Trust forced a twelve month delay for Veolia's proposed incinerator at the Rufford Colliery site near Rainworth. Legal opinion obtained by the Trust says that Sherwood Forest, including the Rufford site, should be designated a Special Protection Area for woodlark and nightjar. The High Court also ruled that Veolia's waste management contract with Notts County Council could not be kept secret.

An inquiry into the proposed incinerator was adjourned on 8 October 2009 until 13 April 2010 to allow consideration of whether a Special Protection Area (SPA) should be declared. Natural England told the inquiry that it has not yet considered whether Sherwood Forest should be an SPA. The inquiry has now been further delayed to 28 September 2010.

Counsel's opinion for the Wildlife Trust says that because the area contains over 1% of the UK's woodlark and nightjar the rules require that it should be protected by an SPA, and should be considered as if it is an SPA even though not yet declared. RSPB has supported the Trust's case. That would require Veolia to carry out an assessment of the impact of their proposal on protected species - which it hasn't yet done.

The local group campaigning against the incinerator, PAIN (People Against Incineration), argues that this should also have been taken into account in selecting a site. The County Council has said that if Sherwood Forest becomes an SPA it would have to review support for the proposal.

PAIN has argued that the time should be used to look at a Plan B - managing the County's waste without incineration - with more recycling and separate collection of food waste for anaerobic digestion.

Right to check 'value for money'

Shlomo Dowen of PAIN, and also coordinator of the national UK Without Incineration Network (UKWIN), last October won the right to inspect Veolia's £850m PFI contract with the County Council after Veolia took out an injunction against the council to prevent it showing how much it is paying Veolia to manage the county's waste. Veolia has now appealed this decision.

In a High Court hearing, Shlomo was represented by FOE's Rights and Justice Centre. The Audit Commission also supported the County Council in opposing Veolia. The judge ruled that Shlomo was entitled to see the disputed information, making it clear that people have a democratic right to see whether councils are getting value for money from contracts. (However this right applies for only 20 working days per year following a 'public notice' which most of the public will never see.)  That ruling could now be overturned by the Appeal Court which heard Veolia's appeal in July 2010 and will deliver a judgment later this year.

Background

A briefing on the ecological importance of Rainworth Heath can be downloaded from Notts Wildlife Trust's website atwww.nottinghamshirewildlife.org/standing-up-for-wildlife/policy-briefings/

For reports on Shlomo's legal victory in 2009 see: FOE press release, 1 Oct and letsrecycle.com. Some of the information which he gained access to is listed in an article in the Nottingham Evening Post, 6 Oct.

Originally the County intended to put Veolia's incinerator at Forest Town in Mansfield. That was opposed by West Notts FOE together with local residents who won the support of Mansfield Mayor Tony Egginton. So the County moved their proposal to the former Rufford Colliery site which was supposed to be restored to countryside. That is opposed by Newark & Sherwood District Council as well as local residents and the Wildlife Trust.