County council wins ruling over controversial Basildon waste plant

A High Court judge has concluded that the ongoing issues with the Tovi Eco Park at Courtauld Road in Basildon are due to flaws in the owner’s original design, as alleged by Essex County Council rather than the type of waste it processes, as the owner alleged.

The facility, a private finance initiative, began processing the county’s waste in 2014.

Due to the complex nature of the plant, a lengthy commissioning or testing period during which any issues could be addressed was always envisaged. 

However, during this commissioning period, it became apparent that there were a number of performance issues and Essex County Council was in ongoing contractual discussions with the plant’s owner in an attempt to resolve these. 

Viable solutions to these issues were not found and in 2017 Essex County Council referred matters to the High Court for resolution to protect taxpayers’ interests.

The case was heard in May-June 2019 and the judge handed down his decision in court today, 18 June 2020. Mr Justice Pepperall concluded that the ongoing commissioning issues were the result of the plant’s original design rather than due to the type of waste it processes as was alleged by the owner. 

Cllr Simon Walsh, Essex County Council Cabinet Member for Environment and Climate Change Action said:

“We are pleased that the judge supported our position that the issues at Tovi Eco Park are due to the original design and build of the plant. 

“During the commissioning period we were aware that UBB was experiencing plant performance and process issues and worked closely with the owner to attempt to resolve these. Unfortunately, the contractor was unable to resolve these to our satisfaction and we referred the matter to the High Court for resolution, as part of the process laid out in the contract. 

“We are delighted that the judge’s decision was in our favour and will now take stock and consider our options going forward.

“This result does not affect the collection of household waste across the county which will continue as normal.”

Since it began operating in 2014, the facility has been receiving and processing a considerable amount of the county’s residual (black bag) waste.

While next steps are being considered, household waste will continue to be collected across the county and disposed of appropriately.