WESTBURY Town Council is to hold an extraordinary meeting on Tuesday (August 2) to “discuss and agree” its response to Wiltshire Council’s decision to overturn its previous support for a £200 million energy from waste incinerator in the town.

The Wiltshire councillors dramatically withdrew their support for Northacre Renewable Energy Ltd’s application to change the technology for the waste plant at the Northacre Industrial Estate.

They decided that the scheme could no longer be supported because it did not represent sustainable development – much to the jubilation of more than 100 people who protested before the meeting.

Wiltshire Council will now have to find technical experts to defend their decision, after the Environment Agency, Public Health England and the council’s own public protection team had all approved the scheme.

Read more: Westbury incinerator: Wiltshire Council pulls support

The final decision on whether the incinerator should be built will now be made after a planning inquiry likely to be held in November.

NREL had previously lodged an appeal in mid-July with the Planning Inspectorate in Bristol against Wiltshire Council’s ‘non-determination’ of the scheme.

Calling the extraordinary meeting on Tuesday, Westbury Town Council said they would now have to “discuss and agree the role we wish to have in the inquiry”.

The move follows notification that the Planning Inspectorate had approved the NREL appeal request for non-determination.

Read more: MP hopes that council decision will kill off incinerator plan

The town council has already agreed to set aside £100,000 to cover its legal fees in the event that it takes legal action.

The council’s Incinerator Task & Finish Group have put forward several recommendations, including one (A) saying the town council should be a Rule 6 party in the planning inquiry.

By being a Rule 6 party, the town council will be able to call its own witnesses to give oral evidence in chief and to cross-examine NREL's witnesses.

The council added: “However, should A fail, the Incinerator Task & Finish Group recommends that the town council will particate as an interested party.”

They are also recommending the council to appoint solicitors Leigh Day to manage the Rule 6 process on the town council’s behalf and identify specialist(s) to provide reports.

Further, they recommend appointing a barrister as recommended by Leigh Day to represent the town council at the planning inquiry in November 2022.

Finally, they recommend the council should delegate responsibility to the Incinerator Task & Finish Group to work with Leigh Day to identify the scope of evidence it will want to present at the planning inquiry.

The Incinerator Task & Finish Group will then report back to town council.