Residents face huge legal costs over plans to oppose terminal

HARBOUR residents are facing huge legal bills in a David versus Goliath planning battle with the port of Cork.

A leading community figure in Ringaskiddy, Co Cork, revealed the huge financial burden facing residents who plan to fight the port’s plans to build a container terminal at Oysterbank.

Braham Brennan, the chairman of Ringaskiddy District Residents’ Association, said the association has been left with a €157,000 debt after its decision to oppose, at a Bord Pleanála hearing, plans for an incinerator in the harbour. That project was granted permission by the Bord despite advice from one of its own senior planning inspectors that it should be rejected.

Local groups simply cannot afford to have their views represented at another hearing, Mr Brennan said.

“The port of Cork is publicly funded,” he said.

“Taxpayers’ money is spent getting this project through fast. Yet we cannot afford to get experts to represent our views. And we are the communities that are affected.”

He made his comments at a preliminary hearing on Tuesday to confirm the number of witnesses who wish to give evidence at a full oral hearing into the container terminal project. It is due to get underway on April 2 and could last several weeks.

The port was represented at the preliminary hearing by several of its own staff, two barristers and one solicitor.

Residents were shocked to learn that the port is planning to call 27 experts to support its planning application.

About 60 objectors have also expressed a wish to give evidence. Among them are three witnesses for the Port of Waterford, and residents from harbour towns including Ringaskiddy, Monkstown, Rushbrooke and Cobh.

Solicitor Joe Noonan represented the Cork Harbour Environmental Protection Alliance at the preliminary hearing.

He asked senior Bord inspector Paul Caprani to ask the board to consider reimbursing third party costs which would be incurred by representation at the oral hearing. Mr Caprani agreed to refer the matter to the board for a determination. But local groups said if a ruling on costs is not made before the hearing begins, it will be difficult for them to prepare expert witnesses to back their case.

They intend to seek legal advice as to whether the full hearing can be delayed until the board has ruled on the third party costs issue.

Roy Collins, a fisherman from Cobh, said it was laughable that the Bord could not deal with the costs issue.

“Our livelihoods are at stake,” he said.