Friday 19 October 2012
Indaver have surrendered their High Court judicial review case which was listed to being on Tuesday 23rd October and scheduled to run for five days.
Indaver were taking the case to challenge An Bord Pleanala’s refusal of planning for municpal and hazardous waste incinerators in Ringaskiddy, Co Cork. CHASE received notification from Indavers solicitors late this afternoon of Indavers intention to notify the Court on Monday 22 October that they are no longer proceeding.
Mary O’Leary, CHASE Chairperson said “We sincerely hope Indaver honour their commitment to walk away from this application. They said in November 2011 that they would do, and I quote Jackie Keaney, Indaver Ireland Commercial Director who said ‘Even if the outcome is not in our favour, we will walk away from this application – there will be no more court battles.’
Mary O’Leary added “An Bord Pleanala’s June 2011 refusal was made on four grounds, three of which were firmly site related*, with one relating to waste. After 11 years of planning applications, oral hearings, court battles, not to mention cost, we as a community hope that Indaver can now accept the unsuitability of the site, and support the continued development and expansion of the National Maritime College and other research, education and amenity led developments in the immediate area of the site.”
*The board’s four grounds for refusal are in summary:
- County Waste Plans: The Board is not satisfied that the development would be compatible with the Waste Management Strategy for the region or the Waste Management Plan for County Cork, 2004.
- Site too Small, injury to amenities: The development would constitute overdevelopment of the site and would seriously injure the amenities of the area and of property in the vicinity, and would not be in accordance with proper planning and sustainable development of the area.
- Road Flood Risk Mitigation Measures Inadequate: The road serving the site is at risk of flooding and the Boards is not satisfied that the impacts of these measures have been fully described and assessed and that there is certainty in terms of their implementation and responsibility for same.
- Coastal Erosion Mitigation Measures Inadequate : On the basis of evidence put forward, the site might be at risk of coastal erosion in the future, and the Board is not satisfied that submission contains sufficient information in relation to implementation of such coastal protection measures and the impact of these works, including on other nearby property.