Ashurst advises on grant of planning permission and High Court Challenge for Portland Energy Recovery Facility in Dorset
08 April 2025
Global law firm has advised Powerfuel Portland Limited (PPL) on securing planning permission for its 15 MWe Energy Recovery Facility at Portland Port in Dorset, contributing to the net zero transition by providing low carbon power and a sustainable solution for Dorset's residual waste.
The facility will export around 15 MW of energy, enough to power approximately 30,000 homes. Located in a port, the facility has the potential to provide shore power for cruise ships and other port users. The facility will process up to 202,000 tonnes per annum of Dorset's residual waste, reducing landfill use and the need to export waste to other local authority areas.
Securing the planning permission has been a long and complex process this far. The planning application for the ERF was initially refused by Dorset Council on 24 March 2023 due to its location near UNESCO World Heritage Sites and the National Landscape of the Jurassic Coast. PPL appealed against the refusal, leading to a public inquiry held in December 2023. Following the inquiry, the Secretary of State granted planning permission in September 2024, post the general election.
The project faced further challenges when Stop Portland Waste Incinerator, a local lobby group, advanced a statutory planning challenge. The challenge concerned the correct application of waste plan policies and was dismissed by the High Court on 2 April 2025.
Ashurst has supported PPL in the planning appeal and challenge proceedings to date. This included the negotiation of a s.106 agreement to facilitate future heat offtake, and navigating complexities arising from a moratorium on new Energy from Waste environmental permits prior to the 2024 general election.
The Ashurst team was led by partner Charlie Reid, supported by associate Alice Rowland.
Commenting on the decision, Charlie said, "We are pleased to have supported Powerfuel in securing a hard-won planning permission for the Portland ERF project. This project not only provides a sustainable solution for Dorset's residual waste management but also contributes to the net zero transition. It was great to leverage our team's strong planning law expertise in order to contribute to the success of the planning case."
