Covenant on land at Hatfield’s New Barnfield ‘will not stop incinerator’

JUGGERNAUT plans for an incinerator at Hatfield’s New Barnfield would still not be stopped, despite a restrictive covenant existing on the land.

The covenant, held by the Homes and Communities Agency (HCA – formerly the New Towns Commission), could be rode roughshod over by the county council under powers of appropriation under section 237 of the Town and Country Planning Act 1990 to secure the site.

Currently the council is attempting to vary the covenant to allow the scheme to proceed.

A HCA spokesman said he was “aware of Welwyn Hatfield Borough Council’s opposition to this site as well as some local opposition”.

He added: “The Agency is therefore in discussion with both the borough and county council and is ensuring that the County Council is aware of the borough’s views.”


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Despite being able to override the HCA, the county council is seeking to satisfy its criteria. To do so it needs to demonstrate it has “exhausted all options and made every endeavour on the sites [for an incinerator] before they are rejected”.

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