Campaigners against a proposed controversial €160 million incinerator for Cork Harbour today got permission from the High Court to mount a legal challenge to the proposed plant.
Cork Harbour Alliance for a Safe Environment can now bring a judicial review to the granting of planning permission in May this year by An Bord Pleanala for the incinerator.
Mr Justice David Barniville ruled there were sufficient grounds to bring a judicial review challenge and he adjourned the case to next Monday.
Cork Harbour Alliance for a Safe Environment (Chase) in the proceedings are seeking an order quashing the decision on May 28, 2018 to grant planning permission.
It is also seeking an order quashing the environmental impact assessment carried out by the Bord on May 23, 2018. It also seeks a declaration that An Bord Pleanala erred in law and had no jurisdiction to grant planning permission.
It is also seeking a declaration that the Bord erred in law by allegedly failing to carry out any or any legally adequate Environment Impact Assessment (EIA) or appropriate assessment prior to the decision to grant development consent and that there was an alleged failure to carry out an assessment of the impact on health and an alleged failure to carry out any adequate EIA in respect of the fundamental issue of site selection.
An Bord Pleanála in May granted planning permission for the €160 million municipal and hazardous waste incinerator at Ringaskiddy in Cork Harbour.
The Bord granted planning permission under the Planning and Development (Strategic Infrastructure) Act 2006 to Indaver Ireland for an incinerator at a 13.5 hectare site at the end of the Ringaskiddy Peninsula. The incinerator will have an operational life of 30 years.
Indaver lodged a planning application on January 13th 2016 and since then An Bord Pleanála deferred its decision nine times.
The permission was granted with a number of conditions, including that the eight-storey facility, with a 70-metre chimney, would take no more than 240,000 tonnes of municipal waste and no more than 24,000 tonnes of hazardous waste each year.
IIndaver Ireland Ltd and Indaver NV trading as Indaver Ireland are notice parties to the proceedings.