Plans for Cork waste facility to be reconsidered as High Court quashes refusal decision

Country Clean is planning a 95,000-tonne-a-year waste facility at Little Island. Picture: Des Barry

Contentious plans for a 95,000-tonne-a-year waste transfer and recycling facility near Cork City must be considered again by An Bórd Pleanála after the High Court quashed its original decision to refuse planning at a time when Paul Hyde was its second in command.

It follows a legal challenge by Country Clean Recycling of the board’s refusal to allow it to build the facility in Little Island over an alleged failure by Hyde, the board’s then deputy chairperson, to recuse himself from having any role in the decision.

Alison Ryan, chair of the Little Island Community Association’s planning subgroup, said local residents who opposed the project initially are “upset and disappointed” that the matter has to be considered by the board again.

We put significant energy into this case and thought we had secured a great win. But we are ready and prepared to make detailed submissions again.

The waste management company applied to Cork County Council in 2018 for planning for the facility at Courtstown in Little Island and despite several objections, it was granted conditional planning. That decision was appealed to An Bórd Pleanála.

However, despite a recommendation by the board’s inspector to grant permission, the board refused to give the green light.

In its High Court action, the waste management firm claimed the board acted contrary to fair procedures and was guilty of bias in circumstances where Mr Hyde, when authorising the authentication of the board’s decision, failed to declare a conflict of interest.

The waste management firm claimed the board acted contrary to fair procedures and was guilty of bias in circumstances where Paul Hyde failed to declare a conflict of interest. Picture: Dan Linehan

It was claimed that Paul Hyde spent a lot of time in his youth in the area, and the proposed development is approximately one mile away from Mr Hyde's family home.

It was also claimed that given Mr Hyde’s connection with the area, it was highly likely that some or many of the objectors were known to him and his family.

In July 2022, Mr Hyde resigned from the board after two months of rolling controversies about his failure to declare conflicts of interest in a number of planning decisions. 

In November 2023, he was given a suspended sentence and fined a total of €6,000 over his failure to declare his interests in a number of properties when a member of the planning body.

In correspondence on Thursday morning, the board told interested parties to the Little Island waste facility case that the High Court has quashed its decision to refuse planning for the facility.

It effectively reactivates the board’s consideration of the appeal of the original county council planning decision. Submissions will be accepted from interested parties until November 11.

Country Clean has been asked to comment.