Today, 26 April, 2022 at the High Court Judge David Barniville has refused Cork Harbour Alliance for a Safe Environment leave to appeal to the Court of Appeal against his decision to remit the Indaver Planning Application back to Bord Pleanala for further consideration.
In his Judgement of March 19, 2021 Judge Barniville found in favour of CHASE on two grounds, one of which was objective bias by reason of the then Deputy Chairman, Conall Boland’s prior involvement in the application with work done as a consultant on behalf of Indaver in 2004. (Read more)
Having decided to quash the May 2018 planning permission granted to Indaver, Judge Barniville ordered the application back to Bord Pleanala, to be considered from where it was on 3 October 2017. (Read more)
CHASE Chairperson Mary O’Leary said “We were delighted and relieved to have won our case at the High Court on the important ground of Objective Bias in March 2021. We were seeking referral to the Court of Appeal on the issue of remittal back to the Bord, as we believe this application is fatally tainted at Bord Pleanala and it is a case of important precedent.
We think the better course is not to keep this planning application alive. It should not be sent back to the Bord. Our legal advisors are considering today’s decision and will be advising on further options.”
Judge Barniville has listed the matter for hearing at 10.30 am on next Wednesday the 4th of May to deal with the final orders to be made by him in the case. These final orders are expected to include an order formally quashing the Board decision, remitting the matter back to the Board with a recommendation that no member who was involved previously should be involved again, and an order dealing with costs.
The current application was lodged to An Bord Pleanala in 2016 and is the third application in this planning saga that started in 2001.
CHASE is represented by Noonan Linehan Carroll Coffey Solicitors and by Alan Keating BL.
