CAMPAIGNERS fighting controversial plans to build a waste incinerator in Keighley have decided against pursuing a judicial review.

But opponents of the scheme vowed this week that the battle is not over.

Endless Energy proposes to build the plant on the former gas works site at Marley.

An operating permit was issued in December by the Environment Agency, despite widespread objections.

Campaign group Aire Valley Against Incineration (AVAI) – through its solicitors – instructed counsel to write to the agency challenging its decision, as a possible first step towards seeking a judicial review through the courts.

"Our barrister agreed that we have a very strong scientific case," says Simon Shimbles, who chairs the group.

"However, the Environment Agency asserts that it has acted lawfully throughout. For a judicial review to be successful, we would need to prove that it acted unlawfully. Reluctantly, we have decided not to pursue the judicial review any further. We cannot justify spending people's money without at least a good chance of meaningful success.

"This is a great disappointment to everyone concerned, but the campaign is far from over.

"We continue to work closely with our MP Robbie Moore, who is planning to table a debate in Parliament regarding the accountability of the Environment Agency and looking in particular at how it has handled this application."

Mr Shimbles thanked the public for its "fantastic efforts and support", without which he said the plant would already have been built.

"With people's support we have been able to raise the profile of our case nationally and help shape the incineration debate," he added.

Opponents of the Marley plant say it would pose a risk to people’s health and damage the environment – claims that are refuted by Endless Energy.

Mr Moore said that whilst it was "disappointing" the issue would not be going to judicial review, he "fully appreciated" the reasons for the group's decision.

And he confirmed that he would be seeking a Commons debate.

"The group has done a fantastic job in postponing this incinerator by a number of years," Mr Moore added.

"My thanks go to the many volunteers who have selflessly given-up their time to campaign.

"It is disappointing that Bradford Council approved the planning application for this incinerator all those years ago, which led to the Environment Agency making this decision. I will be carrying on the fight in Parliament."

Keighley East district councillor, Malcolm Slater, said: "I am extremely disappointed for AVAI, residents and the town.

"AVAI has worked incredibly hard for so long to try to stop this incinerator from being built."

Ward colleague, Cllr Caroline Firth, said: "We do not want this incinerator and whilst this is a huge blow – particularly because AVAI's scientific case is strong – there are still options and we will continue to work with AVAI and residents to do all we can to stop this incinerator."

The Environment Agency said it reached its decision following a “rigorous environmental assessment” of Endless Energy’s proposed activities – taking into account more than 3,700 comments made across two public consultations.

“This is to ensure that the legal requirements of the Environment Permitting Regulations are complied with and that the incinerator will be operated in a way that will not harm human health or the environment,” said the agency’s area environment manager, Carly Chambers.

“We do not permit activities that pose an unacceptable risk.”