A BOLTON man's battle to block a £12 million energy from waste incinerator at Raikes Lane has ended in defeat at London's Appeal Court. But Roger Kirkman, whose bid to stop the revamped burner was backed by environment watchdogs Friends of the Earth, has vowed to continue his fight. Mr Kirkman's home on Sidford Close is less than a mile from the Incinerator which Greater Manchester Waste Ltd intend to refurbish with state-of-the-art machinery to provide electricity.

Mr Kirkman was challenging Bolton Council's decision to grant planning permission for the new burner to operate seven days a week with an energy reclamation system, and claimed the scheme posed a serious threat to the environment and public health.

But Appeal Court Judges, Lords Justices Auld and Schiemann, refused to intervene on his behalf, ruling that "from the public's point of view the overwhelming balance of advantage is against further delaying the project."

Lord Justice Schiemann said that for 25 years a waste incinerator had operated on the site until December 1996 when it had to be closed down because it could not meet EU pollution standards.

He said the greater efficiency of the new incinerator would mean substantially less domestic waste having to be disposed of in landfill sites and Mr Kirkman's attacks on the legality of of the Council's decision to grant planning permission were "unarguable".

Midlands-based Tyndalwoods, the legal firm representing Mr Kirkman, said the judgement has important implications for the next 25 years of municipal waste incineration in the UK and the future regulation of any type of waste regulation facility.

Mr Kirkman commented in a statement released through his solicitor: "I am disappointed to have lost the right for my case to be heard by the Court of Appeal.

"The Court of Appeal have agreed with my case on law but said on the facts Bolton would have made the same decision.

"However, all is not lost as the Environment Agency have to decide whether to grant the incinerator a permit.

"I will be making representations to the Agency through my solicitor."

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