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The High Court ruled in favor of a local environmental group that filed a legal appeal against a 160 million euro incinerator at Ringaskiddy in the port of Cork.
The Cork Harbor Alliance for a Safe Environment was successful on two out of 11 grounds in its challenge to an An Bord Pleanála decision nearly three years ago to grant permission for the incinerator.
One of the reasons was described by the judge as “the most important issue in the case.”
Judge David Barniville found that an An Bord Pleanála decision was affected by objective bias.
One of the board members, then-Vice President Conall Boland, had previously worked for a consulting firm hired by Indaver Ireland Limited on reviews of County Cork and city council waste management plans.
The judge said that the work Mr. Boland performed while employed by RPS MCOS Consulting Engineers was a “clear, rational and compelling connection” to Indaver’s application to the permit board for the development of the waste-to-energy facility. in Ringaskiddy.
The judge noted that there were no allegations of actual bias against Mr. Boland or the board, but was satisfied that CHASE had established that a reasonable objective observer would have a reasonable apprehension that the board might not be able to consider Indaver’s request. in an impartial manner due to the previous situation. professional association of Mr. Boland.
The judge said that “the last touchstone is that not only justice must be done, but it must be seen that it is done manifestly.” He said it was essential that public confidence be maintained in the integrity of the board’s procedures.
It also ruled in favor of the group regarding the arguments made on the interpretation of the Strategic Infrastructure Development provisions of the Planning Act of 2000.
It concluded that the person applying for the permit for a Strategic Infrastructure Development must be the same entity as the person referred to in the relevant provisions as the “potential applicant”.
CHASE argued that the Belgian branch of Indaver was the potential applicant who participated in the pre-application consultation with the board.
It argued that therefore the board did not have jurisdiction to determine the 2016 planning request made by Indaver’s Irish division.
The judge ruled against CHASE on all other remaining grounds of his legal challenge.
Environmental group lawyer David Holland said that, in light of the court’s findings, they will now ask the court to revoke the planning permission.
The judge said it would “need a lot of persuasion” to revoke the permit without returning And Bord Pleanala’s request for reconsideration.
You will hear more presentations from both parties in the case before giving final orders on the case.
The case returns to court next month.
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