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A local environmental group won its legal challenge over the granting of a planning permit for a € 160 million incinerator at Ringaskiddy in the port of Cork.
Superior Court Judge David Barniville ruled on Friday that the Cork Harbor Alliance for a Safe Environment had the right to succeed on two of its 11 grounds for challenging a building permit issued by An Bord Pleanála in May 2018.
It will give final orders in the case later, after the parties have considered the 241-page ruling.
The board granted Indaver Ireland Ltd permission for the development by a five-to-two majority after an ABP inspector recommended denial.
In his opinion, the judge determined that the decision of the board was affected by an objective bias due to the previous participation of one of its members, Conall Boland, the then vice president of the board. This relates to the work he did in 2004 when he was employed by a consulting firm – RPS MCOS Consulting Engineers – who were hired by Indaver to make presentations to the Cork County Council and Cork City Council on management plan reviews. waste those tips.
The judge was satisfied that Mr. Boland’s work had a “clear, rational and compelling” connection to Indaver’s application to the board for permission to develop the waste-to-energy facility at Ringaskiddy. .
It also ruled in favor of the group in relation to certain arguments presented in relation to the interpretation of the Strategic Infrastructure Development provisions of the Planning Act of 2000.
The judge will issue final orders in the case later, after the parties have considered the judgment.
David Holland SC, for the plaintiffs, said that as a result of the ruling, their part would be requesting that the permit be revoked.
The judge said it would “take a lot of persuasion” to reach a conclusion that he should revoke the permit without returning the matter to the board for reconsideration, but said he expected final orders to be determined quickly after hearing the submissions.
He has deferred the matter for mention until April 13.
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