High Court rules Limerick Council's issuing of waste facility licence was 'unlawful'

Claire Boylan owned lands next to the site which she claimed had been flooded as a result of the company dumping material from a road construction project.
The High Court heard evidence that the council had granted the waste facility permit in November 2018 on the basis it was satisfied the development would not cause environmental pollution at a time when it was aware dumping of waste by the company had already caused pollution on the site.

The High Court heard evidence that the council had granted the waste facility permit in November 2018 on the basis it was satisfied the development would not cause environmental pollution at a time when it was aware dumping of waste by the company had already caused pollution on the site.

A decision by Limerick City and County Council to award a waste facility permit to a company which it already knew had caused pollution and breached a condition of its planning permission was “flawed and unlawful”, a High Court judge has ruled.

Mr Justice Mark Heslin quashed the decision of the council to award the permit to P&D Lydon Plant Hire, a Co. Mayo-based civil engineering contractor, in November 2018 in relation to lands at Clondrinagh, Ennis Road, Limerick.

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