The Allerton Park facility was awarded an environmental permit, despite being one of three projects to have PFI funding cut by Defra in February.
The permit was issued by the Environment Agency (EA) following a public consultation and assessment of any potential impacts to the environment, in spite of a petition against the development that was signed by more than 10,000 people and supported by 40 town and parish councils.
Marton-cum-Grafton parish council – “We will continue to try to persuade County Councillors that the scheme is unsound and that it should be abandoned in favour of more financially and environmentally sustainable solutions”
Judge Gosnell, however, ruled that the decision to grant permission to AmeyCespa to build the plant was correct.
Marton-cum-Grafton parish council said: “We are considering our future options with our legal advisors.
“Earlier this year, the Government withdrew a £65m PFI grant for the scheme because it decided it was no longer needed.
“In any event we will continue to try to persuade County Councillors that the scheme is unsound and that it should be abandoned in favour of more financially and environmentally sustainable solutions.”
North Yorkshire county council has applied for a separate Judicial Review into the Government’s withdrawal of the PFI funds, which is due to be heard in September.