Upcoming Events

Cork | Crime and Justice

no events match your query!

New Events

Cork

no events posted in last week

Blog Feeds

Anti-Empire

Anti-Empire

offsite link Blessed Are the Covidians Sun May 09, 2021 19:51 | Thezman

offsite link Afghanistan: 800 Children Killed in Airs... Sun May 09, 2021 18:09 | Dave DeCamp

offsite link In the ‘Land of the Free’ Even the P... Sun May 09, 2021 15:51 | Jana Winter

offsite link Brazil’s Indigenous People Greeted Vac... Sun May 09, 2021 13:41 | BBC

offsite link Indication Ivermectin Drastically Reduce... Sun May 09, 2021 12:31 | Dr. Sebastian Rushworth

Anti-Empire >>

The Saker
A bird's eye view of the vineyard

offsite link Moscow hosts Victory Day parade on Red Square Sun May 09, 2021 14:31 | amarynth

offsite link ?Hagia Sophia? by Sheikh Imran Hosein Sun May 09, 2021 00:45 | The Saker

offsite link Sitrep: Here Comes China ? Remarkably similar remarks at UN Security Council and a kick-out for Aust... Sat May 08, 2021 17:30 | amarynth
Partheno, a single female Skywalker hoolock gibbon living in Nankang, Gaoligong nature reserve. Photo: Li Jiahong   Selections from Godfree Roberts? extensive weekly newsletter: Here Comes China.   You can

offsite link Remarks by Foreign Minister Sergey Lavrov Fri May 07, 2021 21:57 | amarynth
Remarks at the meeting of the UN Security Council, ?Maintenance of international peace and security: Upholding multilateralism and the United Nations-centred international system,? held via videoconference, Moscow, May 7, 2021

offsite link Moveable Feast Cafe 2021/05/07 ? Open Thread Fri May 07, 2021 19:00 | Herb Swanson
2021/05/07 18:00:02Welcome to the ‘Moveable Feast Cafe’. The ‘Moveable Feast’ is an open thread where readers can post wide ranging observations, articles, rants, off topic and have animate discussions of

The Saker >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link Declining standards in Irish journalism

offsite link Mainstream media: Failing to speak truth to power Anthony

offsite link David Quinn’s selective tolerance Anthony

offsite link A Woulfe in judges clothing Anthony

offsite link Sarah McInerney and political impartiality Anthony

Public Inquiry >>

Human Rights in Ireland
A Blog About Human Rights

offsite link Poor Living Conditions for Migrants in Southern Italy Mon Jan 18, 2021 10:14 | Human Rights

offsite link Right to Water Mon Aug 03, 2020 19:13 | Human Rights

offsite link Human Rights Fri Mar 20, 2020 16:33 | Human Rights

offsite link Turkish President Calls On Greece To Comply With Human Rights on Syrian Refugee Issues Wed Mar 04, 2020 17:58 | Human Rights

offsite link US Holds China To Account For Human Rights Violations Sun Oct 13, 2019 19:12 | Human Rights

Human Rights in Ireland >>

Win for CHASE at High Court, Board’s decision was “affected by objective bias”

category cork | crime and justice | news report author Saturday March 20, 2021 21:33author by chase Report this post to the editors

High Court Judge David Barniville has held in favour of CHASE and against the Board of Bord Pleanala in respect of the May 2018 grant of planning to Indaver to build an incinerator in Ringaskiddy, Co Cork. (March 19, 2021)

Win at High Court, Board’s decision was “affected by objective bias”

High Court Judge David Barniville has held in favour of CHASE and against the Board of Bord Pleanala in respect of the May 2018 grant of planning to Indaver to build an incinerator in Ringaskiddy, Co Cork. (March 19, 2021)

Judge Barniville, who is head of the Strategic Infrastructure Development list of cases at the High Court, found that the Board had erred legally on two important legal grounds as follows:

Objective Bias Ground

The first is the ‘objective bias’ ground and the judge concluded that the Board’s decision was “affected by objective bias by reason of the prior involvement of one of its members”, Conall Boland, the then deputy chairperson of the Board, in work which he did in 2004 when employed by a firm of consultants who were engaged by Indaver to make submissions to Cork County Council and Cork City Council on reviews to those Councils’ waste management plans.

Judge Barniville was satisfied that the work done by the relevant member of the Board 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.

“Prospective applicant”/jurisdiction ground

The second ground relates to the mismatch between the Indaver entity that sought permission to apply for SID status, and the Indaver entity that then formally applied for SID planning permission.

The judge accepted the CHASE argument that this was not permissible under the relevant legislation and concluded that the correct interpretation of those provisions requires that the person who applies for permission for a SID must be the same entity as the person who is referred to in the statutory provisions as the “prospective applicant”, being the person who has engaged in the required pre-application consultation procedure with the Board.

CHASE Chairperson, Mary O’Leary, welcoming the decision said “This is a huge community win. CHASE and the community of Cork Harbour are delighted with the decision and are grateful to Judge Barniville for hearing this case and reaching this conclusion.

Although the judge still has to make final orders which will determine what happens to this application, this is an enormous day in our 20 year campaign to stop the construction of this incinerator and one that vindicates the effort and the enormous cost on the part of all involved.”

The judge will make final orders in the case after the sides have considered the judgment and has adjourned the matter for mention to April 13.

CHASE will be seeking to have the permission quashed.

USEFUL LINKS

Judicial Review Case Outline: http://chasecorkharbour.com/judicial-review-under-way-and-will-continue-into-next-week/

Bord Pleanala, Decision Granted: May 2018 http://chasecorkharbour.com/permission-has-been-granted/

Related Link: http://chasecorkharbour.com/high-court-win-2021/
© 2001-2021 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy