Campaigners get green light from High Court to launch judicial review over Cork incinerator

July 24th, 2018

The High Court has allowed legal action to be taken by Cork-based citizen group’s case against An Bord Pleanála’s planning permission to a proposed incinerator in Ringaskiddy, Co Cork.

Cork Harbour Alliance for a Safe Environment (CHASE) had officially filed an application for a judicial review with the Central Office of the High Court last week.

The group has welcomed the decision with CHASE’s Chairperson Mary O’Leary hopeful that the legal challenge will lead to the annulment of the Board’s planning permission for the incinerator at Cork Harbour. CHASE has secured the costs of the legal action through a successful GoFundMe campaign.

“This incinerator should not have been permitted.  We believe the Board was wrong to go against its Inspector’s recommendation to refuse,” Ms O’Leary said.

“That recommendation was continuing a pattern – every one of the three Senior Planning Inspectors involved since 2003 has declared the site unsuitable,” she continued.

Earlier in May, the planning authority gave the green light to Indaver to build the €160 million waste-to-energy plant in Cork Harbour despite the recommendation of its inspector that permission should not be granted.

The board’s decision prompted an outcry from local residents, business and both local and national politicians, including such as Tánaiste Simon Coveney, TD. Minister Coveney has said that he was “disappointed” and “frustrated” by the board’s decision.

The Tánaiste has been under mounting pressure to overturn the board’s decision since the Dáil voted in favour of legislation that would grant new powers to the State to overturn planning permission for projects deemed a threat to national security.

The company has been campaigning to build the multi-million euro waste-to-energy plant since April 2001. This was the company’s third application to the board. The proposed incinerator will reportedly turn 240,000 tonnes of rubbish into 25 Megawatts of electricity each year.

The Defence Forces have previously voiced its objection to the proposed incinerator, arguing that it would prevent helicopters from using naval headquarters at Haulbowline. There also concerns that chemical emissions might endanger the health of naval forces based at Haulbowline.

In a statement, Indaver told The Green News that the company has fully addressed the Defence Forces’ concerns.

“The Department of Defence’s concerns about potential impact on operations at Haulbowline Naval Base were addressed comprehensively by Indaver during the Oral Hearing and in subsequent correspondence to An Bord Pleanála,” the statement reads.

The company has been campaigning to build the multi-million euro waste-to-energy plant since 2001. This was the company’s third application to the board. The proposed incinerator will reportedly turn 240,000 tonnes of rubbish into energy each year.

“Indaver can confirm that modern, well run waste-to-energy facilities pose no health risk to the public. Indaver has been successfully operating a waste-to-energy facility in Duleek, Co. Meath since 2011 and has integrated well into the local community,” Indaver said.

Both Indaver and ABP will be served court documents shortly with the case back before the Court for procedural directions next week.

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