Powerfuel to appeal against refusal of planning permission for Portland Energy Recovery Facility

Dorset Council has received notice from Powerfuel that they intend to appeal the council’s decision to refuse planning permission for an Energy Recovery Facility at Portland Port.

On Friday 24 March 2023, Dorset Council’s Strategic and Technical Planning Committee refused to grant permission for the proposed facility, with Powerfuel stating shortly after that they would lodge an appeal in the future.

Appeals against refusals of planning permission are submitted to the Secretary of State, and nearly all are decided by the Planning Inspectorate.

The Planning Inspectorate is a central-government executive agency that deals with planning appeals, national infrastructure planning applications, examinations of local plans and other planning-related and specialist casework in England.

We are anticipating that the appeal will be submitted in mid-August. At this point the Planning Inspectorate will notify Dorset Council that the appeal has started (the ‘start date’) and confirm how the appeal will be handled, together with details of an inquiry date and the name of their appointed independent inspector.

Within one week of the start date our team will notify all interested parties – including anyone who submitted representations to the original application – that an appeal has been lodged with the Planning Inspectorate, including details of how to get involved.

There is no requirement for anyone to resubmit any representations that were made to the Council at the application stage. Once the Planning Inspectorate has confirmed the arrangements, Dorset Council will send all representations that were made on the planning application to the inspector.

It is important to note that, once an appeal is lodged, the case is handled by the Planning Inspectorate, not Dorset Council, and it will be for the appointed inspector to make/recommend the decision on the appeal. To assist the inspector, Dorset Council will be expected to set out its case – with evidence – for refusing the original planning application.

In a small number of instances, appeals are decided by the Secretary of State. Should this occur, it is likely that an inspector will run the inquiry and will make a recommendation to the Secretary of State for his consideration. This should not affect the inquiry procedure.

Anyone who wishes to make representations at the appeal stage will need to do so directly to the Planning Inspectorate, not to Dorset Council, but only once the start date for the appeal has been confirmed.

Further details will be provided once the Planning Inspectorate confirms the arrangements.

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3 thoughts on “Powerfuel to appeal against refusal of planning permission for Portland Energy Recovery Facility


  1. How can this even be considered with the neutral net carbon policy the government keep banging on about?
    Just more money in the pockets of solicitors as I understand the Say No group have to raise £60k to fight against it on our behalf . I’m sure who ever it is behind this ridiculous project knows that during a cost of living crisis they are going to struggle to do that. Once again money will win over public health and respect of your local residents.
    As a council you should be helping us not threatening us all with this polluting monstrosity.


    1. With respect, we’d recommend reading the article properly. Dorset Council has already refused permission for this facility, so the private company that applied to build it are appealing to the Planning Inspectorate to get our decision overturned – James


  2. Money wins over people and planet yet again. The Council has refused permission, so why is it the organisation can appeal and I believe they can continue to appeal until they get what they want. Same with housing planning. Money always wins. A wise man said we should love people and use things, but we use people and love things (money).

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