Legal challenge to Ringaskiddy incinerator plan will only go ahead next year

A legal challenge against the granting of planning permission to a proposed controversial €160m incinerator at Ringaskiddy in Cork Harbour will not be heard in the High Court until next year.

Legal challenge to Ringaskiddy incinerator plan will only go ahead next year

Ann O'Loughlin

A legal challenge against the granting of planning permission to a proposed controversial €160m incinerator at Ringaskiddy in Cork Harbour will not be heard in the High Court until next year.

Mr Justice David Barniville who was told there were 98 grounds listed in the challenge today agreed a timetable of documents exchange between all sides so the case is ready to go ahead in February 2019.

Cork Harbour Alliance for a Safe Environment last week got permission to bring a judicial review to the granting of planning permission in May this year by An Bord Pleanala for the incinerator.

On that occasion, Mr Justice Barniville ruled there were sufficient grounds to bring a legal challenge.

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 €160m municipal and hazardous waste incinerator at Ringaskkiddy 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 13, 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.

Indaver Ireland Ltd and Indaver NV trading as Indaver Ireland are notice parties to the High Court proceedings.

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