High Court Judge David Barniville today delivered his Orders following his Judgement of March 19, 2021 where he found in favour of CHASE on the grounds of objective bias by reason of then Deputy Chairman, Conall Boland’s prior involvement in the application with work done as a consultant on behalf of Indaver in 2004.
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 the Bord to which Conall Boland did not to seek further comment on from CHASE or other observers, effectively allowing Indavers 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.
Timeline around 3 October 2017:
- May 2017 – Bord invited Indaver to submit information correcting dioxin figure errors exposed at the Oral Hearing, as well as provision of additional information on safety of helicopter flight paths.
- July 2017 – Observers comment and submit information on Indavers additional information.
- Indaver submit further information addressing observers responses dated 2 October 2017.
- Application continues without inviting comment on the 2 October 2017 Indaver information.
CHASE Chairperson Mary O’Leary said “We won our case securing an unprecedented objective bias judgement against Bord Pleanala and now we are putting the Bord on notice to make a fair and lawful decision or they will face us again in the future.
Since this 2016 application the landscape of policy, of EU Legislation and of Cork Harbour itself have changed entirely, which must all be considered now in assessing this application. The reality is we will never allow this incinerator to be built in Cork Harbour.”
CHASE is represented by Noonan Linehan Carroll Coffey Solicitors and by David Holland SC and Alan Keating BL.
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/