Following the adoption by Surrey County council of its "Surrey Waste Plan" on the 6^th May 2008, Mole Valley underlined its opposition to the Capel Incinerator.

The Council will donate £8,000 to the Capel Action Group, which is mounting a legal challenge to the incinerator. In addition the Council’s Planning Committee has lodged a strong objection to the development on the Clockhouse Brickworks site in Capel.

Capel Action Group and Capel Parish Council have sought leading Counsel’s opinion on the prospects of successfully challenging the adoption by the County Council of the Surrey Waste Plan, which incorporates the building of an incinerator. However Mole Valley has made it clear that it will not be joining in any legal action. Conservative Councillor Malcolm Johnson, whose Leith Hill ward includes Capel Parish Council said:-

"Even if we won the case, our legal costs would be in the region of £12,000 and if we lost, then we might be looking at up to £68,000 or more. We can’t afford to take that kind of risk with rate payers’ money. The other problem is that even if the legal action succeeds, Surrey County Council could simply revise their Waste Plan and then the whole process would start all over again. It’s been a hard decision but it was one that the council had to take. We’ve lodged a detailed objection to the incinerator and we hope that the County Council will think again."