The long-running legal fight over planning permission for a waste treatment and recycling plant in Madley is finally over and ends in favour of Herefordshire Council.

Herefordshire Waste Watchers, a local pressure group, applied for final leave to appeal against a previous court refusal of appeal in February, which had denied them the opportunity to apply for a judcial review and challenge the original planning approval that the council had granted for the plant.

The original ruling of the court considering a judical review was that there 'was no factual or other basis for concluding that the council had acted improperly'.

This week Lord Justice Carnwath refused that final appeal at the Strand courtrooms in London. The council had previously been awarded all of its legal costs against Herefordshire Waste Watchers.

The council originally granted planning permission in March 2004 and Herefordshire Waste Watchers started proceedings to judicially review and quash the decision. That claim was lodged in February 2007 by Public Interest Lawyers acting on their behalf.

"This finally puts an end to the legal issue", said Kevin O'Keefe, the council's legal practice manager. “It was clear that there were no grounds for appeal and I am pleased that throughout the whole process the council has been found to have acted properly and in the best interests of the wider community of Herefordshire”.