An update letter issued by An Bord Pleanala, dated 4 June 2024, regarding the reactivated Indaver application has been received by CHASE and Cork Harbour residents who have been battling this application since 2001.
This follows the quashing of the 2018 planning grant on March 19, 2021 by High Court Judge David Barniville on the grounds of objective bias by reason of then Deputy Chairman of Bord Pleanala, Conall Boland’s prior involvement in the application on behalf of Indaver, with work done in 2004 as a consultant.
Having quashed the May 2018 planning granted to Indaver, Judge Barniville ordered the application back to Bord Pleanala, to be considered from where it was on 3 October 2017.
On this date Indaver had submitted information to Bord Pleanala to which Conall Boland did not to seek further comment on from CHASE or other observers, effectively allowing Invader’s submission to proceed unchallenged. The application is being remitted to the point in time immediately after the receipt of information and to before the decision was made on whether to seek observations or not, i.e. 3 October 2017.
The letter confirms that participants will be given an opportunity to comment on any updates the developer may submit to the board.
CHASE Chairperson Mary O’Leary commented “The letter that the community has received this week is the same letter as CHASE got in January 2024. It is simply An Bord Pleanala fulfilling their obligations to inform the public that the case has been sent back to the Board by the High Court. We will have to await instruction from Bord Pleanala as to what happens next. Indaver’s application was so seriously flawed and in breach of National Planning Law and EU Directives, that we hope the Board will refuse planning permission, as originally recommended by the Inspector following the Oral Hearing.”
ENDS
Letter and correspondence received: View here.
Useful Links
March 2021 CHASE Win at High Court: https://chasecorkharbour.com/high-court-win-2021/
May 2018 Planning Grant: https://chasecorkharbour.com/permission-has-been-granted/
October 2017 Deferral following submission of Indaver information: https://chasecorkharbour.com/7th-deferral-pushes-decision-to-christmas/
