Fenland District Council has lost it's legal challenge to halt a £400m incinerator in Wisbech.
MVV Environment was granted permission to build what’s believed to be one of Europe’s biggest incinerator plants on the industrial estate at Algores Way in February.
The £300m incinerator will generate electricity by burning non-recycled waste that would otherwise go to landfill.
In June, the Environment Agency granted the project its environmental permit after a temporary ban on issuing such permits to new incinerator plants in England was lifted.
The scheme – known as the Medworth Energy from Waste Combined Heat and Power Facility Development Consent Decision – is located close to schools and homes.
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The local authority voted unanimously to seek legal advice on a potential challenge to the Secretary of State's decision to allow Wisbech incinerator to be built in February.
As well as the environmental impact, there are also concerns about its scale and the number of additional lorries it will generate on the roads.
In a statement, a spokesperson for the district council said: "Fenland District Council is extremely disappointed with the decision to refuse our application for judicial review on the Medworth Energy from Waste development.
"Given the judge's recognition that there were several deficiencies in the Secretary of State's decision to approve the incinerator, the Council was clearly justified in pursuing an application for judicial review.
"The council is now giving careful thought to the judge's reasons for the refusal and is taking further expert legal advice as to potential next steps and looking at all available options."
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