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CHASE Secure Judicial Review Of Incinerator Decision

CHASE Secure Judicial Review Of Incinerator Decision

On Tuesday morning, the High Court gave the green light to CHASE (Cork Harbour Alliance for a Safe Environment) to launch a judicial review of Bord Pleanála’s May 29th decision to grant permission for a waste incinerator at Ringaskiddy.

The High Court (Mr. Justice David Barniville) was satisfied that CHASE had passed the test to be allowed to bring the challenge. The test requires an applicant to show that there are substantial legal grounds for contending that the decision ought to be quashed or is invalid. The applicant must also show they have the necessary legal interest in the case.

Court papers will now be served on the Board and Indaver. The case will be back before the Court for procedural directions next week.

CHASE Chairperson Mary O’Leary welcomed the decision, “This incinerator should not have been permitted. We believe the Board was wrong to go against its Inspector’s recommendation to refuse. That recommendation was continuing a pattern – every one of the three Senior Planning Inspectors involved since 2003 has declared the site unsuitable. Each of them has walked the site.”

Continuing, Ms. O’Leary said, “We are very glad that this application for permission to bring the judicial review has succeeded. Our legal team will continue to prepare for the full hearing, whenever it takes place.”

This decision is not the end for CHASE, Ms. O’Leary says, “The Court decision is a big step but there is a long road ahead of us yet.”

Today was made possible by the great support we have had from thousands of people who have a positive vision for Cork Harbour and who are outraged at the Board’s decision. We all know that this is the wrong development in the wrong place. The Board will not listen to its own Inspectors so now they will have to listen to us in Court”.

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