Campaigners opposing the construction of an incinerator in Beddington Lane are carrying on the fight.

Shasha Khan had been battling Sutton Council and waste firm Viridor through the courts but received what may have been considered a death blow after a High Court judge refused permission to appeal her decision to allow the construction of the big burner.

Judge Frances Patterson said Mr Khan's bid to block the plans "had no realistic prospect of success" following her original decision on November 6.

Her ruling came after a judicial review at the Royal Courts of Justice examined whether Sutton Council had been influenced in its decision-making by a contract signed with Viridor two years earlier than it granted planning permission.

Mr Khan has now submitted his application to the higher Court of Appeal via his solicitors, Richard Buxton Environmental and Public Law.

The grounds for the appeal, he said, lie in the judge's approach to the waste policies governing the use of the Beddington site and the assessment of whether very special circumstances exist to justify any harm caused by the proposed development.

It will be up to the Court of Appeal to rule on whether it will grant permission to appeal, a process expected to take several weeks.

Mr Khan said: "I met with residents, conservationists and the Beddington Farmlands Bird Group on Tuesday November 25.

"Those present encouraged me to fight on and apply directly to the Court of Appeal.

"It was something I was actually quite keen to do.

"Sadly, Sue Willman of solicitors Deighton Pierce Glynn is unable to represent me further as the deadlines for submission are very tight.

"However, they pointed me in the direction Richard Buxton solicitors, and I am very pleased to say they are representing me going forward.

"Naturally, to continue, funds are needed to keep the fight going, and I hope I can count on supporters to donate to the campaign once again."

Sue Willman of Deighton Pierce Glynn said: I am delighted that Richard Buxton solicitors, which has a long proud record of securing environmental justice has taken over the appeal for Mr Khan.

"Sadly I was unable to represent him in the strict timescale for appealing to the Court of Appeal due to a lack of capacity.

"This case proves that there is no level playing field for access to justice in environmental cases, even where the outcome is as important as this case is for the welfare of the local community."

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