OPPONENTS of a controversial £1.4 billion waste incinerator in North Yorkshire must wait to hear if they have won a court battle seeking to quash the scheme’s planning permission.

Marton-cum-Grafton Parish Council, backed by the North Yorkshire Waste Action Group, applied in the Administrative Court in Leeds for a judicial review of North Yorkshire County Council’s decision to approve the Allerton Waste Recovery Park last year.

The Government withdrew £65 million of private finance initiative funding for the scheme – a joint project between the county council and City of York Council – in February after saying it was no longer needed to meet waste reduction targets. The incinerator, between York and Knaresborough, would be operated by private firm Amey Cespa Ltd.

Because of the urgency for a decision, Judge Mark Gosnell was asked to consider a “rolled- up hearing”, first to decide if the campaigners have an arguable case which would justify a review, but also listening to submissions if that succeeded. He reserved his decision and indicated he hoped to give his judgment next week.