Following the decision, taken by Full Council on 26 January, to take the necessary steps to commence a judicial review, a Pre-Action Protocol letter has today been sent to the Secretary of State for the Department of Environment, Food and Rural Affairs, informing her of the council's intention to challenge her decision to award £91million Waste Infrastructure Credits to Norfolk County Council for their incinerator project in King's Lynn.
The letter is the first procedural step that needs to be taken and marks the beginning of the Judicial Review process.
The Pre-Action Protocol letter requires the Secretary of State to provide copies of all evidence received between 7 November and 18 January which led her to conclude that her criterion for the award of the credits had now been satisfied, when previously, on 7 November, she had clearly indicated that she was 'not satisfied that the relevant criterion had yet been met.
Cllr Nick Daubney, Leader of the Borough Council of King's Lynn & West Norfolk, said: "It is regretful that it has come to this, but we have been frustrated at every turn by Defra's apparent unwillingness to engage with us throughout this process. We have telephoned, e-mailed and written to the Secretary of State's office asking for copies of the evidence and so far this has not been forthcoming.
"None of this is surprising given that prior to the Secretary of State's decision being announced, we had written to her on no less than 12 separate occasions without receiving a response and all my requests for a meeting were not even acknowledged.
"It is shocking that a decision of such magnitude can be taken with such a lack of transparency.
"The Pre-Action Protocol letter that we have sent today places a duty upon the Secretary of State to disclose the evidence and information that convinced her to change her mind."
The Secretary of State has until 27 February to provide the evidence supporting her decision.
