An Bord Pleanála to reconsider Cork Harbour incinerator plan

Indaver Ireland's proposed incinerator in Ringaskiddy is to come before the board again, following a High Court decision

The fresh posting on An Bord Pleanála’s website describes the project in Ringaskiddy as a “resource recovery centre — including waste-to-energy facility”. File picture: Larry Cummins

An Bord Pleanála has re-activated and will consider anew a planning application for an incinerator in Cork Harbour, re-igniting a controversy dating back decades.

Indaver Ireland last lodged plans for a “waste to energy facility” in Ringaskiddy in January 2016. At every juncture, the local group Cork Harbour Alliance for a Safe Environment (Chase) has opposed the plans through court battles, oral hearings and through public forums stretching back to the early 2000s.

After An Bord Pleanála granted permission for the facility in May 2018 following a lengthy process, Chase appealed the matter to the High Court. In October 2021, Mr Justice David Barniville quashed the planning permission for the proposed €160m incinerator.

In his judgment, the judge found the board’s decision was affected by objective bias by reason of prior involvement of one of its members, Conall Boland, the then deputy chairperson of the board.

This related to work that he did in 2004 when employed by a firm of consultants — RPS MCOS Consulting Engineers — which was engaged by Indaver to make submissions to Cork County Council and Cork City Council on reviews of those councils' waste management plans.

The judge was satisfied the work done by Mr Boland had a “clear, rational and cogent” connection with Indaver’s application to the board for permission for the development of the waste-to-energy facility at Ringaskiddy. An Bord Pleanála did not contest this successful High Court challenge.

However, Mr Justice Barnville also ruled that the case be remitted back to An Bord Pleanála for further consideration. Chase had sought to have the case thrown out altogether but failed in further legal bids aimed at stopping An Bord Pleanála from reconsidering the planning application.

In this judgement, Mr Justice Barniville said the planning process for the incinerator has to start anew from 2017, immediately prior to a decision made on behalf of the board by Mr Boland not to afford Chase the opportunity of responding to the further information and submissions received from Indaver.

What's your view on this issue?

You can tell us here

At the time, Chase chairperson Mary O’Leary said: “We think the better course is not to keep this planning application alive. It should not be sent back to the Board.” 

The fresh posting on An Bord Pleanála’s website describes the project as a “resource recovery centre — including waste-to-energy facility”.

The application, which has been given a target decision date of May 13, 2024, is likely to ignite fresh controversy given the opposition from locals to the project.

A spokesperson for An Bord Pleanála said: “The High Court quashed the decision of the Board in case PA0045. The case was remitted under a new number (318802) for a fresh determination. This is not a new application; it is a remittal of the previous application for a fresh decision.” 

Meanwhile, a spokesperson for Indaver said: “Indaver notes that An Bord Pleanála has re-activated the planning case for the Ringaskiddy Resource Recovery Facility. We look forward to engaging with the Board on the next step of this planning application process in due course.”