Residents launch legal fight against waste incinerator

AN attempt by residents of a Co Cork town to mount a legal challenge aimed at preventing the construction of Ireland’s first hazardous waste incinerator will be made in the High Court today.

Eleven named individuals, and Ringaskiddy Residents Association Ltd 12 parties in total will apply to the High Court this morning for a judicial review of An Bórd Pleanala's decision to grant planning permission to Indaver Ireland for the building of a hazardous waste incinerator on a 30-acre site in Ringaskiddy, Co Cork.

Papers lodged with the High Court earlier this month by the group's solicitor Joe Noonan claim the board infringed its rights to fair procedures, to respect for family life and bodily integrity.

They also allege the board has breached the provisions of the constitution and EU law, as well as breaching the recently-adopted European Convention on Human Rights Act.

The High Court is expected to rule today on whether or not to grant a hearing. Planning permission for the e95 million incinerator was rejected by Cork County Council last summer.

However, An Bórd Pleanála overruled its own inspector's 14 recommendations against the incinerator following a lengthy oral hearing last September, and granted permission for the facility.

Spokesperson for the High Court applicants Joan Hayes said last night she would be amazed if the group was not granted a High Court hearing.

"We hope to have the planning decision overturned. The incinerator is not wanted here, it's not necessary, and it's premature to talk about incineration," she said.

A spokesperson for Indaver Ireland, said the company will have legal representatives in court to observe proceedings.

"We will defend our project. It is necessary and we believe we have found the right site," she said.

Meanwhile, members of Cork Harbour Alliance for a Safe Environment (CHASE), one of the main objection groups to the incinerator, will travel to Dublin in support of the 12 parties.

Spokesperson Linda Fitzpatrick said the group will protest outside the Dáil at 2pm today against the Government's handling of waste management issues.

Letters calling for a moratorium on incineration in Ireland will be handed in to Environment Minister Martin Cullen and Taoiseach Bertie Ahern.