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Judge refuses CHASE appeal on judgment to remit Incinerator case back to Bord Pleanala

April 26, 2022 by CHASE

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.

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Filed Under: News, Press Releases

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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