A spokesperson for the board said, as a public sector body, it was “expected to protect taxpayers’ funds” and the costs incurred in the lead up to the judicial review were “significant”. He said the board “routinely sought costs” in such cases.
Cork Harbour Alliance for Safe Environment (CHASE) is to seek costs on the same grounds.
“We invested time and money and if they [Indaver Ireland] were not serious about taking a judicial review, then it is only appropriate that they should refund it,” Linda Fitzpatrick, CHASE spokesperson said.
In Jul 2011, Indaver Ireland sought a judicial review of An Bord Pleanála’s decision to refuse its €150m waste project on the grounds that the board may not have had a complete picture of the true state of waste plans in Cork when it made its decision.
These included the fact Cork City Council had cancelled plans for an alternative waste facility in May 2010. The board had cited the council’s plans to build its own waste management facility as among the primary reasons for refusing Indaver’s application.
In October, Indaver unexpectedly dropped its High Court challenge and it subsequently emerged the firm was planning to lodge a third planning application to build incinerators on the same Ringaskiddy site.
The company is engaged with An Bord Pleanála in pre-planning application talks and is awaiting the outcome of this process which will “determine whether we go forward with the application”, said a spokesperson.
Indaver purchased the site from Irish Ispat in 2000. It has since lodged two planning applications and An Bord Pleanála has held two oral hearings.
The plan is to build an industrial waste-to-energy facility processing 100,000 tonnes per annum of waste and a municipal waste-to- energy facility, capable of treating 140,000 tonnes per annum. When An Bord Pleanála refused permission, it cited the site’s size, inadequate road flood risk mitigation, and inadequate coastal erosion mitigation.