Eversheds advises on £926 million waste PPP Variation

Law firm Eversheds has advised Worcestershire County Council and Herefordshire Council on the variation of their £926 million waste PPP by which the councils will fund the procurement by Mercia of a 200,000 tonne per annum, energy from waste plant.

Worcestershire County Council and Herefordshire Council varied their 25 year waste PPP contract with Mercia Waste Management to reflect the contractor’s proposals to develop an energy from waste (EfW) plant at Hartlebury. The project has an innovative financing structure with the Councils using prudential borrowing to lend project finance monies to Mercia. The variation is the culmination of many years detailed work to deliver a sustainable waste management solution for the area in light of the earlier planning failure for a similar plant proposed for Kidderminster. The EfW will be built by Hitachi Zosen Inova. The plant will treat around 200,000 tonnes of residual waste each year and generate electricity for the grid.

The Eversheds team was led by Michael Grimes was assisted by a multi-disciplinary team including Andrew Hirst and Conor Rafferty (Projects), Chris Henshaw and Chris Vickers (Construction), Clare Hardy and Frances Woodhead ( Local Government), Charlotte Tanikal (Real Estate) and David Jervis and Richard Johnson ( Tax). Eversheds worked closely with the in-house legal teams at each council Herefordshire led by Bill Norman and Worcestershire Simon Mallinson, in house finance led by Sean Pearce (Worcestershire) and Josie Rushgrove (Herefordshire) and technical experts from the Councils and AMEC.

Rachel Hill Programme Director said:

“We are delighted with the professionalism, persistence and wide ranging experience of the Eversheds team which has helped us deliver a good deal for the council tax payers of Herefordshire and Worcestershire.”

Michael Grimes said:

“Having worked on this project since its original procurement I am delighted to see that the original vision of the Councils will be realised and that so much waste will now be diverted from landfill. Hereford and Worcestershire have overcome many challenges in delivering an innovative and sustainable solution for their waste for many years into the future.”

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