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Win at High Court, Board’s decision was “affected by objective bias”

March 19, 2021 by CHASE

High Court Judge David Barniville has held in favour of CHASE and against the Board of Bord Pleanala in respect of the May 2018 grant of planning to Indaver to build an incinerator in Ringaskiddy, Co Cork. (March 19, 2021)

Judge Barniville, who is head of the Strategic Infrastructure Development list of cases at the High Court, found that the Board had erred legally on two important legal grounds as follows:

Objective Bias Ground
The first is the ‘objective bias’ ground and the judge concluded that the Board’s decision was “affected by objective bias by reason of the prior involvement of one of its members”, Conall Boland, the then deputy chairperson of the Board, in work which he did in 2004 when employed by a firm of consultants who were engaged by Indaver to make submissions to Cork County Council and Cork City Council on reviews to those Councils’ waste management plans.

Judge Barniville was satisfied that the work done by the relevant member of the Board had a “clear, rational and cogent connection” with Indaver’s application to the Board for permission for the development of the waste-to-energy facility at Ringaskiddy.

“Prospective applicant”/jurisdiction ground
The second ground relates to the mismatch between the Indaver entity that sought permission to apply for SID status, and the Indaver entity that then formally applied for SID planning permission.

The judge accepted the CHASE argument that this was not permissible under the relevant legislation and concluded that the correct interpretation of those provisions requires that the person who applies for permission for a SID must be the same entity as the person who is referred to in the statutory provisions as the “prospective applicant”, being the person who has engaged in the required pre-application consultation procedure with the Board.

CHASE Chairperson, Mary O’Leary, welcoming the decision said “This is a huge community win. CHASE and the community of Cork Harbour are delighted with the decision and are grateful to Judge Barniville for hearing this case and reaching this conclusion.

Although the judge still has to make final orders which will determine what happens to this application, this is an enormous day in our 20 year campaign to stop the construction of this incinerator and one that vindicates the effort and the enormous cost on the part of all involved.”

The judge will make final orders in the case after the sides have considered the judgment and has adjourned the matter for mention to April 13.

CHASE will be seeking to have the application  quashed.

UPDATE FROM 13 APRIL

Key points:

No Appeal to Supreme Court
– Bord Pleanala will not appeal the High Court judgement of 19 March.
– This means that the judgement of 19 March, that Bord Pleanala had legally erred on 2 grounds in granting planning. will stand.

The Application
– CHASE requested a simple quashing of the application.
– Indaver requested the application be remitted back for reconsideration to An Bord Pleanala.
– An Bord Pleanala requested more time to consider which option they favour.

Judge David Barniville adjourned the case for 2 weeks to give Bord Pleanala time to consider its position and listed the case for mention for 27 April, at which stage he will set a schedule for further hearing as required.

USEFUL LINKS

Judicial Review Case Outline: http://chasecorkharbour.com/judicial-review-under-way-and-will-continue-into-next-week/

Bord Pleanala, Decision Granted: May 2018 http://chasecorkharbour.com/permission-has-been-granted/

(Image credit: kieranlynam – Flickr, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=7506105)

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Filed Under: An Bord Pleanala, High Court, News

Oral Hearing 2016 headlines

  • Serious dioxin figure irregularities exposed as Hearing comes to close
  • No measuring of nanoparticles – not practical, Indaver tell hearing
  • Indaver facility will carry strategic implications for the State – Indaver offer to shut down for Department when needed
  • Indaver to abandon fire fighting after just 2 hours
  • Final Submissions today, questions next week
  • Indaver selective quotation omits that incinerators likely to cause premature deaths
  • 13 year old Cobh student calls for baseline health study for Harbour
  • “There is no risk assessment” – says top Epidemiologist Anthony Staines
  • No safe level of exposure to tiny particulates, says toxico pathologist
  • Royal flush as all TD’s unite to protect the new era for Cork Harbour
  • Ringaskiddy incinerator live plume plot launched
  • Statement from Department of Defence
  • Human Health needs the same standard as protected species: CHASE Opening Statement
  • Indaver experts confirm: High Tide is now inside the site boundary. No separate Health Impact Assessment
  • Packed hearing opens at Carrigaline Court Hotel
  • Full CHASE Submission to An Bord Pleanala

TIMELINE Donate - GO FUND ME


Live animation of today's plume. (With thanks to Plume Plotter)

TIMELINE

20 years of key dates from when the first planning application was lodged with Cork County Council in November 2001.  VIEW TIMELINE.

ABOUT CHASE

CHASE is an alliance of groups campaigning since 2001 to stop the construction of a large 240,000 tonne commercial incinerator in Cork Harbour. The third application from Indaver Ireland was lodged … Read More...

Video Gallery

Softday – As I Roved Out One Morning from Sirius Arts Centre on Vimeo.

Prev 1 of 1 Next
  • A Community Fighting

    A Community Fighting

    This short film marks the 20 year campaign sparked by the news that a Belgian waste company, Indaver had arrived armed with plans to build a large hazardous waste incinerator at the end of a then undeveloped cul-de-sac in Ringaskiddy, the industrial heartland of Cork.

    As news percolated around Cork Harbour, concern and opposition, evident from the outset, consolidated, galvanised and continued to go from strength to strength over the course of the years that saw a community stuck in a battle that they didn’t invite.

    The campaign, at the time of publication, is still ongoing and can be followed online at www.chasecorkharbour.com
  • Dr Paul Connett, Jeremy Irons, Prof Vyvyan Howard - Burning our waste must be abandoned

    Dr Paul Connett, Jeremy Irons, Prof Vyvyan Howard - Burning our waste must be abandoned

    Dr Paul Connett, Actor & Environmentalist Jeremy Irons and Prof Vyvyan Howard outline why burning our waste is a bad idea that needs to be abandoned.

    We’ve been fighting the same fight in Cork Harbour for over 19 years now and as yet another Government talks about formation we appeal to our politicians to make sure that this burning issue is given a place in current discussions.

    Burning our waste is a bad deal for communities and the environment everywhere.

    (Thanks to Steve Slade and Byron West from SkyTec Ireland for filming and to Zoe Fitzpatrick for filming and editing this video)
  • It's a Cork Problem!

    It's a Cork Problem!

    Pure Cork Sailor, Eddie English talks about what is so special about Cork Harbour and Hendrick Verwey highlights how the Pure Cork strategic branding initiative from Cork City & Cork County Council promotes Cork as a maritime haven, with Cork Harbour as 'king pin' to this initiative. With thanks to Matt Sullivan Self Shooting Producer/Director for producing this video for CHASE.
  • Cross women

    Cross women

    The People of Cross Haven stand united against the proposed incinerator being built in Cork Harbour.
  • The Crosshaven Resistance 3

    The Crosshaven Resistance 3

  • May 8  No 4

    May 8 No 4

    Tide
  • May 8 no 3

    May 8 no 3

    Tide
  • May 8 Tide

    May 8 Tide

    Clear coastal erosion
  • Indaver site 8 May 2016

    Indaver site 8 May 2016

    'Beach'
  • CIT Student Union President speaking in Incinerator Protest

    CIT Student Union President speaking in Incinerator Protest

    CIT Student Union President Shane Falvey speaking on behalf of members of NMCI student body, at rally in Ringaskiddy 3 March 2016, to protest Indavers Plans to build a 240,000 municipal and industrial waste incinerator just 20m from the College gates
Prev 1 of 1 Next

ORAL HEARING 2016 NEWS

  • Serious dioxin figure irregularities exposed as Hearing comes to close
  • No measuring of nanoparticles – not practical, Indaver tell hearing
  • Indaver facility will carry strategic implications for the State – Indaver offer to shut down for Department when needed
  • Indaver to abandon fire fighting after just 2 hours
  • Final Submissions today, questions next week
  • Indaver selective quotation omits that incinerators likely to cause premature deaths
  • 13 year old Cobh student calls for baseline health study for Harbour
  • “There is no risk assessment” – says top Epidemiologist Anthony Staines
  • No safe level of exposure to tiny particulates, says toxico pathologist
  • Royal flush as all TD’s unite to protect the new era for Cork Harbour
  • Ringaskiddy incinerator live plume plot launched
  • Statement from Department of Defence
  • Human Health needs the same standard as protected species: CHASE Opening Statement
  • Indaver experts confirm: High Tide is now inside the site boundary. No separate Health Impact Assessment
  • Packed hearing opens at Carrigaline Court Hotel
  • Full CHASE Submission to An Bord Pleanala

ORAL HEARING DIARY, from Catriona Reid

A day by day account of the oral hearing experience from Catriona Reid, who was 16 years old at the time and has since published an account in book form. READ DIARY

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